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.