New Delhi: The Supreme Court ruling declaring
compulsory use of narco-analysis, brain-mapping and polygraph
tests on suspects as illegal has received an overwhelming
support from legal and constitutional experts who say that
police will no longer be able to "misuse" them.
The experts are of the view that the verdict is not only
in consonance with the spirit of the Constitution but also in
conformity with international human rights conventions.
"I welcome the judgement whole-heartedly. It is entirely
in conformity with human rights conventions. First developed
in 1995, these techniques are scientifically not acceptable. I
agree with the verdict," senior advocate K T S Tulsi said.
"It will prevent misuse by the police, particularly by
the Indian police which resorts to torture and other
techniques for forcing confession," he said adding, "Under
Constitution, no accused can be compelled to be witness
Agreeing with Tulsi, senior advocate K K Venugopal said
such scientific truth-finding tests amount to the "testimonial
compulsion" which is not permitted under the law.
"In my view, the judgement is excellent one. It is in
consonance with the clear mandate of the Article 20(3) of the
Indian Constitution. Further, use of narco test or other
similar tests definitely amounted to the testimonial
compulsion. The judgement will have far-reaching implications
for the protection of human rights," Venugopal said.
Welcoming the judgement, former law Minister Shanti
Bhushan said that it is absolutely correct and it would have
no impact on the investigation of criminal cases as these are
"It is not going to affect the investigation of dreaded
criminals and terrorists because it a new technique and probe
has been done by the investigating agency since hundred years.
Circumstantial and other type of evidence are more important,"