Godman’s case stuck as files move between courts

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The case against the controversial godman Swami Nithyananda still waits to be committed to trial after the CID filed the chargesheet in November 2010.

The delay is due to case files being shuffled between the Ramanagaram court and the High Court.

A recent application by the special public prosecutor seeking a direction for the medical examination of Nithyananda under section 53 (A) of the CrPC, has been challenged by Nithyananda. The Ramanagaram court is unable to dispose of the application as the case files are in the High Court.

The prosecutor said that the report received from the forensic expert on the video-recording was positive and that the image found in the video was conclusive of the presence of Nithyananda.

“Medical examination of the accused in a case of rape is mandatory. When he was arrested, this examination could not be conducted as there was no victim then. Subsequently, a victim from the US approached the CID and gave a statement. Now, the accused has to go through the medical examination,’’ special public prosecutor K. Janardhan said.

Nithyananda challenged the application for his medical examination and moved another application stating it would be breach of privacy. The Ramanagaram court could not dispose of this application as the files relating to the case are in the High Court.

Moreover, the prosecutor said that the case was yet to be committed to trial as there have been several applications filed before the Ramanagaram CJM court on the chargesheet filed by the CID.

“First, accused number 5 in the case (Maa Sachidananda alias Ragini) obtained court permission to travel to the US. Later, accused number 2 (Nithya Bhaktananda alias Gopala Sri Seelam Reddy) went to the US and had to return on May 12. He did not return and, through his advocates, moved another application seeking extension. The CID submitted an objection to this in a sealed envelop and stated that the accused were travelling to the US to tamper with the evidence and the only victim who lives there,’’ Mr Janardhan said.

The Ramanagaram court refused to grant the extension sought. The CID stated that the accused who went to the US have lodged several complaints against the victim in an attempt to threaten her.

The CID has examined 101 witnesses spread across the country and even abroad and submitted a 430-page chargesheet against Nithyananda and others.

The CID stated in the chargesheet that during the investigation a woman from the US appeared before the CID and deposed that she was repeatedly raped by Swami Nithyananda not only at his ashram in Bidadi, but in other parts of the country.

The swami allegedly told the victim that if she subjected herself to his sexual demands she would achieve enlightenment and that sex with Swamiji was the path to moksha.

The CID also placed before the court agreements signed between the devotees and ashram authorities taking the consent of the devotees for partaking in tantrik sex.