The Supreme Court on Wednesday held as unconstitutional forcible narco-analysis,polygraph and brain electrical activation profile or brain-mapping tests, in a blow to cops who were increasingly using the procedures as investigation tools even when the findings could not be used as evidence. In an order which virtually spells the demise of the practices which have become popular with cops, SC said they cannot be used even on those accused of serial killings and bomb blasts as they are violative of the fundamental right of a citizen not to incriminate himself and his right to privacy under Aricles 20(3) and 21 of the Constitution,respectively. No individual should be forcibly subjected to any of these techniqu-es in question, whether in the context of investigation in any criminal cases or otherwise, the apex court said. On the face of it, the development is a jolt to investigators,considering that the tests in question have fetched them leads leading to breakthroughs in major cases, including terror-related ones. But not every policeman was happy with the reliance on these unorthodox methods which led investigators to neglect more rigorous methods whose results would clear legal scrutiny. Some investigators often found statements made by the accused undergoing tests as flights of fancy which sent them on wild goose chases. The compulsory administration of any of these techniques is an unjustified intrusion into the mental privacy of an individual. It would also amount to cruel, inhuman or degrading treatment with regard to the language of evolving international human rights norms, said a Bench comprising Chief Justice K Balakrishnan and Justices RV Raveendran and JM Panchal.The judgment was reserved by the Bench over two years ago on January 25, 2008. While this judgment left the police and other agencies to legitimately employ DNA test for investigation, the apex court did not clarify as to what would happen to those cases where the prosecution had solely or to a large extent relied on the evidence gathered through the three faulted tests. Legal experts feel that with the SC ruling that it was a violation of fundamental rights, those convicted on the basis of evidence collected through narco-analysis, polygraph or brain-mapping could move the court for retrial of their cases.
FAILING THE JUDICIAL TEST
The Ruling: SC holds narco-analysis,polygraph and brain-mapping tests on accused as violating two fundamental rights: Article 20.3 that disallows self-incrimination and guarantees right to silence Article 21 that guarantees right to privacy
What It Means
Virtually ends role of such scientific & drug-induced tests.Even if accused consents to the test, results won't be admissible as evidence.Also,tests with consent will have to follow NHRC guidelines
Cases Affected - These high-profile accused won't undergo narco test now
Ramalinga Raju & V Srinivasan in Rs 7,000cr Satyam scam case
VG Vanzara in Sohrabuddin fake encounter case
Rajesh and Nupur Talwar in Aarushi murder case
Kobad Ghandy, Maoist leader
Santokben Jadeja, Gujarat's godmother'
Kosaraju Venkateswar Rao, accused in Krushi bank scandal
These accused underwent tests and prosecution depended on corroborative evidence based on narco. Will they seek re-trial
Surinder Koli, Nithari serial killer
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(source-toi)
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