The Supreme Court Wednesday ordered self-styled godman Nithyananda Swamy to undergo potency test in a rape case lodged by a former disciple in 2010 and criticised him and the Karnataka Police for “atrocious delay” in the case.
A bench of Justices Ranjana P Desai and N V Ramana dismissed Nithyananda’s appeal against an order to subject himself for the medical examination and came down heavily on the “lackadaisical approach of prosecution” in dealing with the case.
The bench expressed its “extreme displeasure” over the fact that a further investigation was still required as Nithyananda and other accused were “obviously not cooperating with the investigating agency”.
It further dismissed a plea by a Tamil actress and disciple of Nithyananda, seeking impleadment in the matter to state that she was being wrongly projected as a victim.
“It is distressing to note that the petitions were kept pending at admission stage for almost over three years and could be disposed of only on July 16 this year,” the bench said while asking the prosecution to “gear up its efforts so that trial begins”.
The bench said it was deciding this matter with the hope that “this case brooks no further delay” and “trust that the prosecution and the accused cooperate with the court so that the trial is concluded in the near future”.
The Karnataka High Court had in July affirmed an order of a chief judicial magistrate to subject Nithyananda to medical test to find out whether or not he was capable of having sexual intercourse, and also to collect his blood and voice samples.
Nithyananda however failed to appear and the magistrate issued a non-bailable warrant.
The HC later stayed the warrant but ordered him to appear before the investigating officer voluntarily. He came to SC challenging this order.
Victim told the judge that she was being forced to relive the incident as she was made to appear in court again.