Gujarat govt challenges lower court order on voice samples in HC

The Gujarat government on Tuesday challenged lower court`s order of not allowing Supreme Court appointed Special Investigation Team to collect voice samples of two accused in Naroda Gam riot case of 2002.

Last Updated: Nov 17, 2010, 00:21 AM IST

Ahmedabad: The Gujarat government on Tuesday challenged lower court`s order of not allowing Supreme Court
appointed Special Investigation Team to collect voice samples
of two accused in Naroda Gam riot case of 2002.

High Court judge M R Shah, admitting the application,
has scheduled further hearing on November 22.

SIT had made an application in the special court of
judge SH Vora hearing the Naroda Gam riot case to allow it
to record voice samples of two accused Babu Bajrangi and
senior VHP leader Jaideep Patel for comparison with the voices
in sting operation carried out by a magazine and private news
channel.

However, the court had rejected the SIT demand
saying the Indian Evidence Act and the Criminal Procedure Code
have no "express and specific provision" for directing an
accused to give voice sample for comparison.

The court also observed that legislature has provision
for giving samples of only specimen signature and handwriting.

However, the other two courts hearing other riot cases
of Gulbarg society case and Naroda Patia case have permitted
the probe agency to collect voice samples of the accused, who
were secretly caught on tapes during Tehelka’s sting operation
in 2007.

PTI