Bengaluru: HC allows CID to conduct medical test of Raghaveshwara


Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Dec 4: The state high court, which dismissed a petition filed by Sri Raghaveshwara Swamiji, head of Sri Ramachandrapur Math, Hosanagar, seeking directions to dismiss the notice served on him by the criminal investigation department (CID) to appear for medical tests, gave its nod for medical tests on Wednesday December 3.

A single judge bench headed by Justice A N Venogopal Gowda passed this order.

The HC upheld the notice served by CID police under section 53 (A) of Criminal Procedure Code and permitted the police to subject the Swamiji to medical tests. CID is probing allegation of rape filed by former Rama Katha singer of the said Math, Premalata Shastry.

The HC, after admitting the petition filed by the Swamiji, had directed the investigating officials to produce records which prove that conducting these tests is essential. After perusing the documents, the HC said that it has satisfied itself that DNA profile and other evidences on record need to be matched with the results obtained from medical tests on the Swamiji.

The bench also said that it has been convinced that the notice to subject the Swamiji to medical tests was served with the purpose of getting to the root of the issue, and not for any vengeance, depriving him of individual freedom or endangering his property as alleged. It ruled that the notice satisfies the norms spelt out in the Indian Constitution.

It observed that ammendments made to Indian Penal Code to protect women from sexual atrocities provide for conducting these tests. It also referred to an earlier ruling of the Supreme Court which had held that the powers vested with the investigating officer to conduct medical tests in such cases are not contrary to the provisions of Indian Constitution.

In the meanwhile, an application moved on behalf of the Swamiji to the division bench of the HC against the single bench order dismissing the said application seeking cancellation of first information report registered by the police in the above case, stands adjourned to Friday December 5.

Curiously, within ten minutes since the verdict was given, CID police went to the Swamiji's Ashram at Girinagar here and asked him to be present for medical tests. After the Swamiji's legal advisor told them that he will not be present till copy of the court order is obtained, they asked the Swamiji to be present in the CID office at 8 am on Thursday, it is learnt. The legal advisor of the Math was under the impression that the CID might be working under pressure from certain quarters to ensure that the Swamiji is not given time to file appeal against the above order.

 

 

  

Top Stories

Comment on this article

  • Narayan Bhat M, Putturu

    Sat, Dec 06 2014

    @ R Bhat
    In Swami Nityananda case American court has penialised Aarthi Rao for falsely misguiding court, with half million dollar & she should be jailed, & for that reason she is not going back to States, eventhough she posses permanent US citizenship.

    There is no need to compare that case to this. There is no question of contempt here, as he has volunteered for Blood Test particulary relating to DNA.

    Who is shameless he or her ? If you read Udayavani or Kannada Prabha few days back, you can know the truth. Here DNA test is a final one which can be derived from any body parts, & definetly from Blood, which he has voluntarily given. You need not secure each & every part like hair, nail, swabs of saliva, Blood, Skin, etc.. to find our DNA & any one of them is sufficient. As per discussion in same PublicTV, just 2-3 days back, the doctor had clear mentioned that any one of the above is sufficient to cross check. In fact, the basic requirement is fulfilled now.

    How, come IA was able to give Notice in 10 min immediatly after verdict. This question was raised by several media & Newspapers ? Unless & Untill you receive the Judgement copy, you cannot have any picture. Naturally, as a citizen, he has every right to ask for some days time, as he has every right to receive the copy & go through it. Once receiving it, he has acted accordingly.

    Definetly, whatever you may speak whether defaming nation calling 'Banana Republic' or so, he has respected the verdict of Court, by giving Blood for DNA profiling.

    DisAgree [3] Agree [1] Reply Report Abuse

  • Rama Rao, Mysore

    Sat, Dec 06 2014

    @ Shivashankar

    Excellent observations indeed! Everyone must go beyond caste and religion when it comes to Justice.

    History, repeatedly tells us all that actions and attitudes speak louder than anything else in case of criminals. Well, in case of Swamiji’s, genuine and pseudo Godmen of all hues, all of incidentally who claim or more often threaten that God is always watching us, the less said the better.
    Talking about medical test, non-cooperation, defiance, contempt of court..etc, you can recall that only a fraction of the rape convictions in our country have been based on expensive DNA evidences, since in almost all penal cases regarding outrage of a woman’s modesty, with regard to circumstantial, documented and material evidence..etc, Section 354 is extraordinarily detailed!

    We must all trust our Judiciary. Also make our children acquire the trust. While controversial judgements are common place in every country, there are so many trustworthy and excellent judges still around. You may have noticed how the sad state of affairs in this case and judicially-monitored investigations got back into life with a resemblance of fairness and seriousness, most recently, after all that disappointing past.

    Believe me, in our Supreme Court as well as in the Karnataka High Court (not to mention just a few other states and special benches) we have excellent, honest, absolutely independent and untainted judges who have already sacrificed so much in their career & life (compared to some of their more prosperous colleagues) for the sake of true justice, fairness, principles and a most precious: impeccable reputation, not least, for the sake of the helpless common man & public’s ultimate faith and trust in them!

    DisAgree [1] Agree [3] Reply Report Abuse

  • Shetty, Bangalore

    Fri, Dec 05 2014

    Heard on TV channels that the all powerful, supremely obese Swami refused to cooperate for 4-5 important medical tests!
    Looking at the bigger picture, I wonder why on earth do they spend so much of the helpless tax payer’s money and our state’s exchequer on these rapists and criminals, who all manage to go scot-free in a country, wherein on one hand we have hundreds of thousands of cases decaying for decades in the courts with no and on the other people can’t even have a single meal per day!

    DisAgree [1] Agree [2] Reply Report Abuse

  • R Bhat, Mangalore

    Fri, Dec 05 2014

    If Swami Nityaananda laughed his way in and out of courts and labs, while making a mockery of the Judiciary and various investigations, Ramakaatha Swami’s repeated actions and brute defiance has now rocketed the law and investigators the heights of ridicule and absolute contempt!

    While shamelessly claiming innocence and making tall promises of all cooperation so that the truth comes out, right from the start: the Swami tried his level best to avoid everything that would help the truth come out, from questioning to the medical test.

    Finally, despite last minute, silly futile excuses that he needs one more week, needs time to finish prayers..etc, the honourable court forces the accused citizen to take the medical test. Regretfully, the Swami makes a drama of attending the medical test (an exact repeat of the CID questioning drama) and if you can believe it: brazenly refuses to undergo the three most crucial and mandatory tests, including sweat sample, inner cheek swab and DNA profiling.

    No wonder, independent channels like Public TV are obviously commenting that a pseudo-medical test is nonsense if not a sham, and the honourable court must swiftly intervene with a stricture and a significant fine for keeping the doctors & lab technicians waiting for an entire day earlier due to a no-show. More importantly, for finally taking all on a royal expensive ride while keeping the court in total contempt. By ‘’agreeing ‘’ to irrelevant tests like Height, Weight, BMA, Blood Pressure, Sugar, Glucose, Iron Deficiency..etc, all of which have nothing to do with the most important aspects of the medical tests intricately connected to a rape, scientific tests that have been vouched for by none other than the Supreme Court!

    The Godman and his advisors are all set to get the scorn of everyone in society, not just the court and investigators. Even in a banana republic, an accused will never have the liberty to decide what law is applied and what medical tests are conducted!

    DisAgree [1] Agree [2] Reply Report Abuse

  • Mohandas Kapikad, Mangaluru

    Fri, Dec 05 2014

    # On 3rdDec,2014 Verdict was received on Medical Test. Within 10 Min.Notice was served to him. Questions was raised in TV9, & several media & News papers, as it takes some time to receive the Verdict Copy, read & understand the contents, to hold discussions in Medical Counsel on next steps & then to issue a notice. It takes around 45 min to reach the Math in Girinagar from the place of Inquiry Office, & then issue notice. But still the notice was given in few Minutes just after Verdict, & how this was possible ? & this 'question of doubt' was raised by several media.
    # Naturally, in such circumstances, the party may go for higher appeal smelling any danger in process of trial.
    # But Swamiji had clearly told since the beginning of this case that he respected the Law, & had only contentions about some matters. When Court gave its verdict he readily respected it, & not opted to go for higher appeal, & on 5thDecember,2014 volunteered himself to Test much before any Media or public came to know it. Unlike enquiry stage before IO, where he would appear around 10-11am after his daily rituals, he appeared here at 8am. I respect his straight forwardness in his steps, his respect to Judical system, his respect to Court Verdict, despite several criticism made against him by some wested interested people.
    # Now Medical Test is on, reports may come in few days, & Truth will come out, & Justice prevail.
    Sathyameva Jayathe Nanrutham...

    DisAgree [26] Agree [13] Reply Report Abuse

  • Suryanarayana Sharma, Sullia

    Fri, Dec 05 2014

    Many here where making hue & cry with full pledge allegations on Swamiji, than complaining on her, as to why she never complained earlier ? why she never went Medical Test so far ? why still no enquiry on all co-singers ? etc.... Today,(05-12-2014) Swamiji himself has volunteered & have attended the Medical Test in Victoria Hospital at 8-00am. He has not gone for any higher appeal & instead volunteered himself for Test. As earlier told, Matha & its desciples have trust in Law of the land, & so abided by the verdict.

    DisAgree [20] Agree [17] Reply Report Abuse

  • Sunil D'Souza, Mangalore / Mumbai

    Fri, Dec 05 2014

    I like the way you guys at Daijiworld put the earlier links to the news headlines on the bottom of every news article. That makes it easy for a person who has not been following up with the story to understand the complete issue within a few minutes.

    I have not found these type of links in any other national newspaper websites also. Good work.

    DisAgree [7] Agree [8] Reply Report Abuse

  • Ramesh, Modubidri

    Fri, Dec 05 2014

    We have all heard of Nityaananda, Asaram Bapu, Swami Rampal, Ashutosh Maharaj and so many others. But none of them were heading a genuine Math.

    Tragically and shockingly, the past misadventures and recent actions of this Swami is creating previously, unthinkable controversy and ridiculous ripples in our society and media.

    DisAgree [10] Agree [16] Reply Report Abuse

  • Krishnamurthy, Kasaragod

    Fri, Dec 05 2014

    Instead of a sincere apology for having done a shocking sin (once or multiple times) that has all sorts of clinching forensic evidence and humbly surrendering to face the consequences of law, there is no end in sight to the Pontiff’s arrogance, silly defiance and escapist attitude (probably under the influence of selfish-corrupt advisors), while the community and public have to painfully go through all the shame, unnecessary mental and psychological torture.

    Arguing as to why the Godman refuses to take a medical test or give DNA evidence (even a single strand of hair will do), the Swami’s legal team mentioned that freedom will be violated and personal liberty of Swamiji will be harmed! Phew....

    ONE SIMPLE QUESTION:

    When the victim was raped multiple times, did anyone have an iota of thought regarding freedom, harming personal liberty ..etc? Not to mention the shockingly one-sided treatment, unwarranted arrest, repeated interrogation during solitary imprisonment for over a month!

    DisAgree [11] Agree [26] Reply Report Abuse

  • Shivashankar, New Mangalore

    Thu, Dec 04 2014

    Looking at the entire saga that seems to drag on for ages despite fast-track courts, one simply can’t help but seriously start wondering if our Judiciary-utive are increasingly being ridiculed while the law appears to be applied ively!

    The Karnataka High Court should swiftly take cognisance of the fact that on multiple occasions from avoiding questioning to threatening witness to harassing the victim to death threats to avoiding arrest to hushing up evidence to evading medical test...et al, as per Indian Constitution the Godman has already violated all basic norms set for law-abiding citizens. While the honourable high court indeed observe that the law cannot be changed according to individuals or situations, it also requested the police and investigating officer have to do their duty. Instead of mere observations and lame statements, why did the court not instruct the police to arrest the high profile Swamiji who has already demonstrated that he is above all?

    Aside to legal misadventures or brazen defiance of the law, the Swamiji has shockingly violated the scared principles and 1300 year of tradition of the famous Math, Peetham and community, all along! The idea of Brahmacharya, especially that of a revered Math head, was always implemented so strictly in the past, that women were never even allowed within the vicinity of any senior Seer. Nor did any woman volunteer or disciple or singer or dancer allowed. Regretfully, Swami’s well-documented shocking behavior in both public and private, against all sacrosanct rules & traditions is a stark witness to indiscipline and sexual voyeurism. Film stars, singers, women, young girls alike, all singing and dancing round, or attending so-called 'ekaanth darshan' and all that, usually under the garb of a Rama Kaatha program in total defiance of the faithfull’s trust, beliefs, religion and traditions. A shame and unpardonable sin, to the great reputation of the peetham and community itself!

    DisAgree [11] Agree [24] Reply Report Abuse

  • R.Bhandarkar, Mangaluru

    Thu, Dec 04 2014

    Nothing'Irrelevant'about it....
    All dears...o.k, some are more dear , dearest...and so on...
    Eva Kirem, Maria Kirem, Lydia Kirem..sorry Kadri!,Priya, Zeena, Reena,Julie, Shalini, Sheela, Clara, Mehita, Kavitha, so many aa's ..Is it not? So many more
    and some men....
    This is to inform you that
    S.S.S. Bhandarkar Mutt will finally open in the first week of January 2015.Those who want to do any type of 'seva' are welcome..Seva may be in the form of...
    Land, gold, cash ,silver or any such thing of your choice.
    No Ekanth Seva and all that. I have renounced all that...
    Disciples can wear anything...
    A separate charter will be sent to all interested.
    'Mutt Address' you want aa?
    Juliet Mai is finalizing the place.
    She will look after my real estate and finance here afterwards.
    Songs and lyrics department is open. Anybody can volunteer.
    Entry???You ask?
    Free -All communities can come! Mine is 'Secular' Mutt. The last 'S' stands for secular ..O.k.?
    What ??? You all want Harikathaa'
    aa??
    Errrrrrrrrrrr...WE shall see o.k.
    I will get Juliet Mai to make further announcements.
    I must go now and meditate...Bye....
    Also I have to meet one 'Karmbal'
    Baba, cousin of ANirmal Baba'...
    Bye..

    DisAgree [21] Agree [18] Reply Report Abuse

  • R.Bhandarkar, Mangaluru

    Thu, Dec 04 2014

    Please do not disagree.
    In S S S B Mutt you will be free.
    Just be.
    Do not allow mind to wander up the tree.
    Mind is like Monkey.
    To be a Monk You hold the Key.
    Keep distance from Lady.
    Practice daily.
    Treat others like you only.
    Then Everything Heavenly.
    Now all of you Agree??
    Come...Come
    Join SSSB Mutt quickly.....

    DisAgree [18] Agree [12] Reply Report Abuse

  • Ragini, Bangalore

    Thu, Dec 04 2014

    Although matha adhipathi's are strictly supposed to avoid talk or ever personally interact with any woman, after a exclusive personal audience, multi-rape accused Swamiji gave a awesome certificate to Bollywood Sex Goddess, Mallika Sherawat in 2013.

    Well, I badly need to get a revival in Sandalwood, so can I too get a similar certificate from our most talented young Swamiji? Seriously...

    DisAgree [8] Agree [8] Reply Report Abuse

  • Langoolacharya., Belman/Washington,DC.

    Sat, Dec 06 2014

    Try HH Bhandu Swamiji...you could approach his office manager Bejaimai for appointment...she has appointment dairy...

    ...JH...

    DisAgree Agree [1] Reply Report Abuse

  • Dev, Mangalore

    Thu, Dec 04 2014

    He is asking 1 week time for the test!
    Buying time to appeal in Supreme Court to delay the inevitable.
    Its time his bail is cancelled as he is not co-operating with investigating authorities.
    As long as people follow these leaders who don't follow what they preach, these incidences will happen again & again.

    DisAgree [13] Agree [26] Reply Report Abuse

  • Rudolf, Mumbai

    Thu, Dec 04 2014

    Why a servant of God whom lacs of people follow blindly as a conduit between man and God using delaying tactics if he is not 'guilty'?

    Possibly, buying time to appeal to the Apex court and make a last ditch attempt, Sahara chief also tried all these tactics when he got trapped in the pygmy scam!!

    DisAgree [8] Agree [16] Reply Report Abuse

  • R.Bhandarkar, Mangaluru

    Thu, Dec 04 2014

    'Seer completely at the mercy of the Lawyer'?
    Is that how you see it?'

    DisAgree [11] Agree [9] Reply Report Abuse

  • R.Bhandarkar, Mangaluru

    Thu, Dec 04 2014

    Aiyo DEvaa...
    Aiyo aiy Aiyo devaa
    ee premada Latha....
    Lathaaa...Premadaaaaaaaaaaaaaaa
    Aiyo devaaa...ee prema lathaaaaaa
    Tandalapo ee vyathaaaaaaaaaaaa
    EEEEEEEEEEE Latha............
    Aiyo Aiy O devaaaaaaaaaa.....
    Bedavithu nanagee kathaa
    Bedavithu bedavithu naange ee kathaaaaaaa
    eeeeeeeeeeeeeeeeeeeeeeeeeeeee.....
    Aiyo Aiy O Devaaaaaaaaaaa
    Aiyo..............
    (pheen Pheen Pheen phee Pheen...
    harmonium Man-Teen taal)
    Nanna Kayo... Nanaa Kayo
    Sakalara Palaka Ninu......
    Yella Tilidiruve....Sankata Harane
    Aiy Aiy O
    OO Devaaaaaaaaaaaa....
    (Hinduatani and Carnatic classical
    blend ... fusion you call it)

    DisAgree [13] Agree [12] Reply Report Abuse

  • Santan Mascarenhas, Kinnigoli/Mumbai

    Thu, Dec 04 2014

    I am having 50:50 probability of rape, but, the test will prove:

    "Where 'Bharat' becomes 'India' with the influence of western culture, these types of incidents happen." Mohan Bhagwat on rape. We will know to which this swami belongs, Bharat or India.

    "The victim is as guilty as his rapist. She should have called him brother and begged before him to stop" Asaram Bapu. Here, we will know what the woman called him brother or swamiji.

    DisAgree [12] Agree [14] Reply Report Abuse

  • Vincy, Bangkok

    Thu, Dec 04 2014


    Even it's 000:100,why not he agree for the test which is a tool to confirm whether substance found is belong to him.
    The doctors are going to extract the similar substance found on the bed or on the evidence produced.
    If such substance has come out once and reached the clothes that police have at present then it is not difficult for the doctors to extract it again and then to compare it.
    We have read some strange comments that it will be tourture for the sage to go through such test,but,they should read again that the lady has submitted sufficient evidence and doctors have checked it and confirmed that it does not belong to her husband.
    As per present law that lady has all rights and privileges to accuse the person who cause the damage.

    DisAgree [8] Agree [14] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Dec 04 2014

    GOLDEN OPPORTUNITY FOR RAGHAVESHARA TO PROVE HIS INNOCENCE ...

    DisAgree [6] Agree [38] Reply Report Abuse

  • ISMAIL K PERINJE., PERINJE.

    Thu, Dec 04 2014

    Paani ka Paani

    Doodh ka Dhood

    Ho jaye....Koi kishi ko shakk?

    DisAgree [12] Agree [33] Reply Report Abuse

  • WASIM, UDUPI/DUBAI

    Thu, Dec 04 2014

    ISMAIL,

    HAN BHT SE LOGON KO SHAK HI YAHAN.....

    DisAgree [11] Agree [14] Reply Report Abuse

  • Suleman Byari, Udupi

    Thu, Dec 04 2014

    Kyon zidd kar rahe ho yaar??

    DisAgree [14] Agree [26] Reply Report Abuse

  • Af, mangaluru

    Thu, Dec 04 2014

    A Zid nahi ,Durr, my dear

    DisAgree [12] Agree [19] Reply Report Abuse

  • Stan, Udupi/ Dubai

    Thu, Dec 04 2014

    Be obsessed with God rather than religious heads as they are human beings and are vulnerable for physical desires.Truth should come out and justice to be done irrespective of who is victim and who is the culprit.

    DisAgree [15] Agree [24] Reply Report Abuse

  • vellano1, Mumbai

    Thu, Dec 04 2014

    haha.. the last paragraph sums up everything well!!!

    message is clear.
    1. You stop Ram Katha
    2. You stop "go Rakshana"
    3. You handover Gokarna temple to the govt.

    let this go on!.. I am sure truth will come out!

    but POSITIVE thing about this is, this will be landmark judgement.. cos now any bench can order to prosecute, any religious GURU, political head, for any type of tests and no one should oppose!! .. that is a welcome step!

    DisAgree [19] Agree [46] Reply Report Abuse

  • ISMAIL K PERINJE., PERINJE.

    Thu, Dec 04 2014

    EXPECTED & NATURAL JUSTICE...Everything will be clear and confusion & suspicion will clear.

    DisAgree [8] Agree [43] Reply Report Abuse


Leave a Comment

Title: Bengaluru: HC allows CID to conduct medical test of Raghaveshwara



You have 2000 characters left.

Disclaimer:

Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. Daijiworld.com will not be responsible for any defamatory message posted under this article.

Please note that sending false messages to insult, defame, intimidate, mislead or deceive people or to intentionally cause public disorder is punishable under law. It is obligatory on Daijiworld to provide the IP address and other details of senders of such comments, to the authority concerned upon request.

Hence, sending offensive comments using daijiworld will be purely at your own risk, and in no way will Daijiworld.com be held responsible.