Bengaluru: The advocate on behalf of Sri Raghaveshwara Swamiji, spiritual head of Ramachandrapur Math, argued in the state high court on Friday that subjecting the seer to medical tests in connection to the allegations of rape leveled against him by a former singer of the Math would be against his constitutional rights.
Earlier, the criminal intelligence department (CID) police had submitted a petition before the high court to subject the seer for medical tests. Questioning the same, the advocates requested the single judge bench of the high court, Justice A N Venugopal Gowda, to not allow the same. The case was heard 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.
The advocate for the seer told the judge that the CID has not specifically mentioned on the methodology of the medical tests in the notice. Hence, it violates the constitutional rights of individual freedom, the advocates argued.
No forceful, cruel procedure
Besides, the advocates 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. However, the accused cannot be forced or tortured to part with these samples, the lawyers argued. In addition, the accused needs to be informed in advance about the reasons and methods of tests being conducted.
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.
