Controversial self-styled godman Nithyananda Swamy was on Wednesday directed to undergo potency test in a 2010 rape case by the Supreme Court which rapped him and the Karnataka police for the "atrocious delay" in the case.
"Accused (Nithyananda) must subject himself to medical examination," a bench comprising justices Ranjana Prakash Desai and NV Ramana said while dismissing his plea to avoid the necessary medical test to determine his potency level.
The "lackadaisical approach of prosecution," in dealing with the case came for severe criticism by the bench which expressed "extreme displeasure" that further investigation was still required as Nithyananda and other accused "are obviously not cooperating with the investigating agency." The bench also dismissed the plea of Ranjitha Menon, Tamil actress and disciple of Nithyananda, seeking impleadment in the matter to state that she was being wrongly projected as a victim.
In its 20-page judgement, the bench said "What is staring at us is the atrocious delay in disposal of the criminal petitions. The complaint is dated March 4, 2010. Cognizance of the offences has been taken in December, 2010. Petitions came to be filed by the petitioners in 2011/2012. We are in 2014." "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".
While rejecting the impleadment application of the actress, the bench said, "We are not inclined to expand the scope of these petitions. We, therefore, reject the applications.
"On her grievance, we are not expressing any opinion. If law permits, she may take such steps as she is advised, in the trial court," the bench added.
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