New Delhi: The Delhi High Court on Monday
extended till April 19 the stay on conducting a narco-analysis
test on top Maoist leader Kobad Ghandy.
Justice V K Jain extended the stay in view of a case
pending before a constitution bench of the Supreme Court on
the legal validity of narco-test.
The court passed the order on a petition filed by the
63-year-old Maoist ideologue pleading that he cannot be forced
to undergo the test until and unless the constitutional
validity of narco-test is decided by the apex court.
The court had earlier on November 5 restrained the city
police from conducting the test and had stayed the trial
court`s order which had allowed conduct of narco-test on the
arrested Naxalite leader.
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
pointed out that 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.
PTI
