The High Court on Wednesday directed the CID to file objections on the criminal petition filed by controversial self-styled Godman Swami Nithyananda seeking to quash the Ramanagaram district court order.
Hearing the petition, Justice V Jagannathan extended the stay and adjourned the matter to Friday. Earlier, during the hearing, the counsel representing CID sought time to file objections. C V Nagesh, counsel representing Nithyananda, submitted that the Ramanagaram court order was ‘not maintainable’ as the CID had invoked a provision under 53(A) of CrPC.
“According to the provision, an accused can be subjected to medical examination provided such an examination discloses commission of rape. This is a malafide intention, based on an incident that occurred in 2006 and even the potency test was not maintainable in law.”
Nagesh contended that there was no question of conducting potency test as the medical examination was to indicate he is capable of having an intercourse, but does not indicate that there exists evidence with regard to commission of rape. The test would not reveal any evidence with regard to commission of rape, he argued.
The case of rape and criminal intimidation was booked against Nithyananda by a devotee with the Bidadi police, and was later transferred to the CID. The magistrate of Ramanagaram court on June 12, passed an order in this regard, after the CID filed an application seeking permission to conduct tests on Nithyananda.