The Hindu : National : Court rejects CID request for narco-analysis test on Vanzara

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Friday, Jun 15, 2007
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Court rejects CID request for narco-analysis test on Vanzara

Special Correspondent

AHMEDABAD: The Ahmedabad Chief Metropolitan Magistrate rejected the CID (Crime) police request for narco-analysis and brain mapping tests of the six police officers, including D.G. Vanzara, arrested in connection with the Sohrabuddin fake encounter case at the Gandhinagar Forensic Science Laboratory.

The court decision pending for more than a month, was finally delivered on Thursday with the Chief Metropolitan Magistrate, K.J. Upadhyaya, ruling that the scientific tests could not be carried out "without the expressed consent" of the accused. All the six policemen arrested , including the three IPS officers, Mr. Vanzara, Mr. Rajkumar Pandian, and Mr. M.N. Dinesh Kumar, had opposed being subjected to narco-analysis and brain mapping tests at the FSL.

Dilute investigation

The court ruled that the fundamental rights guaranteed under the constitution prevent a person from being subjected to scientific tests without his or her consent.

The court also maintained that since the police remand of all the six accused had already been over and they had been sent to judicial custody, the accused could not be sent back to police remand for taking the tests.

The court's rejection of permission is likely to dilute the investigation into the fake encounter case. The prosecution, however, is likely to challenge the metropolitan court's decision in the Gujarat High Court.

A similar case went to the High Court on Thursday when the advocate of the "Godmother" fame, Santokben Jadeja, filed a petition challenging the Junagadh civil court's ruling allowing narco-analysis and brain mapping tests of the accused in the FSL. Ms. Jadeja has been arrested for allegedly providing shelter to the persons charged with the rape and murder of the Koli Patel girls .

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