28 February, 2013

Bangalore

In a significant development, the Hon’ble High Court of Karnataka took on file the US Court ordered medical records of Ms. Aarthi Rao, the false rape victim in the Swami Nithyananda case. These medical records show the false rape victim having multiple STDs (Sexually Transmitted Diseases) since at least 2004.

The Counsel for Swami Nithyananda, in the hearing on Crl.P. 4582/2012 for the quashing of the medical testsummons issued to Swami Nithyananda, produced the medical records of Smt. Aarthi Rao issued to him by the USA Court from the University of Michigan Hospitals, the custodian of her medical records.

The Counsel pointed out to the Hon’ble High Court that the false rape victim has been a patient of vaginal herpes since 2004, and has been undertaking continuous treatment for the same since then. The STD vaginal herpes is highly contagious and highly transferable disease. It is very highly likely to be transmitted to the male partner of such a patient. Even if the saliva of the patient comes in contact with the partner, he gets the disease.

So if indeed there had been over 40 instances of sexual abuse by Swami Nithyananda over 5 years as alleged by Ms.Aarthi Rao, then the disease would have been transmitted to Swami Nithyananda and he would have been infected with the same.

The Counsel produced the medical records of Swami Nithyananda which show that he tested negative for any of the STDs, including herpes. In fact, Swami Nithyananda's comprehensive medical tests performed in September 2012 have already proved that he DOES NOT HAVE and HAS NEVER HAD any sexually transmitted disease in his life.

In the light of this, the Counsel argued, the false rape victim ought to have been subjected to the medical exam instead to verify her medical records.

The Hon’ble Court then took on record the medical reports of Ms.Aarthi Rao and issued an oral direction to the prosecution to find out as to why these records had not brought in the case.

The Investigating Officer (IO), DSP CID present in the Court was asked whether he had received these medical records from USA. The IO admitted that he had received the records. The Counsel argued that it seemed that the records however did not see the light of the day as there seemed to be vested interests in the police hiding evidence counter to the prosecution case. The further processing to take the medical records on file is on.

The Court then adjourned the hearing on the quashing of the medical test summons on Swami Nithyananda, to next week.

In a separate case Crl. P. 2973/2012 filed for the quashing of the complaint by Suvarna reporter Ajit H alleging assault by Nithyananda disciples at the instigation of Swami Nithyananda, on which basis a crime was registered against Swami Nithyananda, the Hon’ble Court asked the prosecution as to why the complainant himself had been to the ashram – for the press meet called by Swami Nithyananda or to serve summons on Swami Nithyananda. The Court questioned the act of serving a summons asking who authorized the journalist to serve the summons, whether it was the USA Court or the Indian Court. The Court made a strong remark against this act of the Suvarna reporter. The Hon’ble Court clearly observed that there was nothing wrong in Swami Nithyananda asking the ashramites to remove the reporter from his place for disturbing by his unauthorized and illegal act of trying to serve a judicial summons.

The Court has reserved the case for orders after hearing the parties involved.