Supreme Court Stays Karnataka High Court Order, Directs Respondent to Undergo Medical Examination - 2024-06-12

Background

The Supreme Court has issued a stay on an order passed by the Karnataka High Court, directing a respondent to undergo a medical examination as part of a criminal investigation.

Arguments

The respondent, who was protected from coercive action by an earlier order of the High Court, had filed an application stating that he did not wish to subject himself to the medical examination. He claimed that the Investigating Officer was threatening him with arrest if he did not comply.

The respondent's counsel argued that the respondent's reluctance to undergo the medical examination did not stem from his right against self-incrimination under Article 20(3) of the Constitution.

Court's Analysis and Reasoning

The Supreme Court observed that the respondent's statement that he did not want to be subjected to medical examination showed that he was not willing to cooperate with the investigation. The court noted that if the respondent's reluctance was not based on his right against self-incrimination, he should comply with the notice issued under Section 41-A of the Code of Criminal Procedure and subject himself to the medical examination as directed by the Investigating Officer.

The court further stated that the respondent could not voice apprehensions about the medical facility he was being referred to without any tenable basis.

Decision

In light of these circumstances, the Supreme Court stayed the order passed by the Karnataka High Court and directed the respondent to present himself before the Investigating Officer on July 10, 2024, at 10:00 a.m. for the purpose of undergoing the medical examination.