HYDERABAD: The Supreme Court judgement holding as illegal the use of narco-analysis, brain-mapping and polygraph tests has “vindicated” our stand, said C. Bharath Kumar, counsel for B. Ramalinga Raju, former chairman of erstwhile Satyam Computer Services.
Describing the three tests as “baseless” and proved scientifically to be wrong, he said they were invasive in nature and violative of fundamental rights—namely, right to privacy, right against self-incrimination (nobody could be forced to give a statement incriminating himself ) and also right to life. These tests could not be conducted on a suspect by the police unless the person volunteers.
Mr. Reddy said the verdict delivered by the Supreme Court was now the law of the land and would have to be followed by all the courts under Article 141.
A petition of Mr. Raju contesting the decision of the Central Bureau of Investigation (CBI) to conduct brain mapping and polygraph on him and two other main accused was now before the High Court. Earlier in a split verdict on April 23, two judges comprising a division bench differed with one another over the issue of permitting investigating agencies to take up polygraph test and brain mapping on Mr. Raju and the other two in the Satyam Computers scam.
While Justice A. Gopala Reddy held the tests to be violative of Article 21 which guarantees right to life and unconstitutional, Mr. Justice Samudrala Govindarajulu said these tests were constitutional and legal.