Delhi HC stays narco test on Kobad Ghandy
New Delhi: The Delhi High Court on Thursday
restrained the city police from conducting narco analysis test
on top Maoist leader Kobad Ghandy.
Justice Indermeet Kaur stayed the trial court's order
which had on October 31 allowed conduct of the test on the
63-year-old top Maoist leader.
The court passed the order after Ghandy's counsel
Rebecca M John submitted that until and unless Constitutional
validity of narco test is decided by the Supreme Court, an
accused cannot be forced to undergo such a test.
She submitted that the Supreme Court has been
consistently denying such a test on accused in view of the
pending case before it in which a Constitution bench has
reserved its order.
The High Court also issued notice to the police and
directed it to file a status report by December 14.
Ghandy approached the High Court contending that he
cannot be forced to give evidence against himself as it
violates his right under Article 20(3) of the Constitution and
he had not given any consent for the test.
The trial court had on October 31 allowed the police
to conduct narco test on Ghandy, arrested from the national
capital on September 20, after the probe agency contended that
it had not been able to elicit all information from him
despite use of all scientific methods of interrogation.
The trial court had passed the order after going
through the medical report submitted by AIIMS which said
Ghandy was medically fit to undergo the test.
Challenging the order, Ghandy said the validity of
such an invasive test is still not clear as the matter is
pending before the Constitutional bench of the Supreme Court
which has reserved its order on the issue.
Ghandy, who has been booked under various provisions
of Unlawful Activities (Prevention) Act, submitted that the
magistrate should have waited for the Supreme Court judgement.
Bureau Report