Daijiworld Media Network – Bengaluru (RJP)
Bengaluru, Nov 25: The Karnataka High Court has said that Sri Raghaveshwara Bharati Swamiji of Ramachandrapur Math must undergo medical test in connection to the rape case filed against him.
The court said this during the hearing of the arguments related to the medical test of Sri Raghaveshwara Swamiji. Raghaveshwara is facing charges of rape levelled by Premalata Shastry. Raghaveshwara had gone to court requesting not to subject him to any medical test.
The court chaired by N Venugopal Gowda said that every citizen as per article 21 of the Indian Constitution enjoys personal liberty, but it is for law abiding citizens and not for persons who break laws. As per penal code 52 A, every accused in rape case has to undergo medical test.
Only medical tests related to rape will be done in this particular case, and not any other medical test. The Supreme Court through its verdict on Selvi case has provided clear guidelines as to which type of medical tests should be done in rape cases.
The high court also observed that the law cannot be changed according to individuals and situations.
"In every case, arguments blaming others are common. Law, courts, prosecution, police and each and everybody related to the case are blamed," the court said.
"The investigating officer has to do his duty. The doctors have to perform the medial test. If they have asked medical tests in empty stomach, it does not mean they will do unnecessary tests. In fact empty stomach test is always better," the court opined.
Senior advocate Ashok Harnahalli representing Swamiji had argued that the medical test should be done without any harm to the personal liberty of Swamiji. The advocate also said that the authorities had not informed as to what type tests would be done.
Meanwhile the court has said that lawyers should not provide unnecessary details to the media.