Daijiworld Media Network - Bengaluru (SP)
Bengaluru, Nov 22: Advocates representing Sri Raghaveshwara Swamiji, spiritual head of Ramachandrapur Math, argued in the state high court on Friday November 21 that subjecting the Swamiji to medical tests relating to allegations of rape levelled against him would violate his constitutional rights.
The petition submitted by the Swamiji questioning the notice issued by the criminal intelligence department (CID) police to appear for the medical tests, came for consideration before a single judge bench of the high court presided over by Justice A N Venugopal Gowda.The bench heard the case for about two hours on Friday. The bench, which adjourned the hearing in the case to November 24, extended the stay already granted against conducting medical tests on the Swamiji till then.
Advocate for petitioners pointed out that the CID notice has not specified the tests that will be conducted on the Swamiji.They said this violates the constitutionally granted fundamental rights of individual freedom. With the help of various verdicts delivered by the Supreme Court on the issue, the advocates tried to convince the bench about the points raised by them. They also said that as per section 53 (A) of Criminal Procedure Code, collection of blood, urine,saliva, and semen samples are permissible to be collected as evidences. At the same time, as per rules, the accused cannot be forced or tortured to part with these samples. Additionally, the accused needs to be informed in advance about the reasons and methods of tests being conducted,they argued.
They also said that conducting physical examination in privacy can cause pain and fear for the concerned. Therefore, the advocates pleaded the high court to order CID not to conduct medical tests on the Swamiji.