MUMBAI: Observing that only for smooth investigations, permission cannot be granted to carry out narco analysis, brain mapping and polygraph test on dismissed RPF constable Chetan Sin-gh, who has been accused of gunning down four people in a moving train on July 31, a magistrate’s court said it is the fundamental right of an accused to maintain silence.
“There is no room for compelling the accused to go for the test without his consent. Since the accused is not ready to face such tests, to protect his fundamental rights, application deserves to be rejected,” metropolitan magistrate S M Patil said in the order passed on August 11. The detailed order, rejecting the Government Railway Police’s (GRP) plea to conduct the tests on Singh, was made available on Friday.
The magistrate further said that the Supreme Court judgment related to such tests clearly reveals that only in exceptional circumstances, that too with the consent of the accused, a test can be conducted. “The SC observed that compelling the accused for undergoing such tests violates the fundamental rights,” the magistrate said.
Before carrying out narco analysis, getting consent from the patient or suspect is mandatory. Seeking permission to carry the tests, the prosecution had submitted that it being a serious offence, to complete the entire investigation, there is a need to conduct the tests. It was also submitted that all three tests need to be conducted for smooth investigations. The GRP’s remand application mentioned that they had obtained Singh’s signature, indicating his consent. But Singh’s advocate strongly opposed the plea.
The magistrate said the police submitted a report stating that the accused had given his consent. However, when Singh was brought to court, the magistrate personally asked him regarding the consent. “…he flatly denied and filed a separate say…wherein he has mentioned that his health is not good and he does not have consent for such tests,” the magistrate noted in the order.
Singh has been accused of gunning down his senior ASI Tikaram Meena and three passengers on the Jaipur-Mumbai Superfast Express between Vaitarna and Mira Road stations on July 31. More than 100 witnesses that the police have traced so far, have narrated accounts post the killings.
“There is no room for compelling the accused to go for the test without his consent. Since the accused is not ready to face such tests, to protect his fundamental rights, application deserves to be rejected,” metropolitan magistrate S M Patil said in the order passed on August 11. The detailed order, rejecting the Government Railway Police’s (GRP) plea to conduct the tests on Singh, was made available on Friday.
The magistrate further said that the Supreme Court judgment related to such tests clearly reveals that only in exceptional circumstances, that too with the consent of the accused, a test can be conducted. “The SC observed that compelling the accused for undergoing such tests violates the fundamental rights,” the magistrate said.
Before carrying out narco analysis, getting consent from the patient or suspect is mandatory. Seeking permission to carry the tests, the prosecution had submitted that it being a serious offence, to complete the entire investigation, there is a need to conduct the tests. It was also submitted that all three tests need to be conducted for smooth investigations. The GRP’s remand application mentioned that they had obtained Singh’s signature, indicating his consent. But Singh’s advocate strongly opposed the plea.
The magistrate said the police submitted a report stating that the accused had given his consent. However, when Singh was brought to court, the magistrate personally asked him regarding the consent. “…he flatly denied and filed a separate say…wherein he has mentioned that his health is not good and he does not have consent for such tests,” the magistrate noted in the order.
Singh has been accused of gunning down his senior ASI Tikaram Meena and three passengers on the Jaipur-Mumbai Superfast Express between Vaitarna and Mira Road stations on July 31. More than 100 witnesses that the police have traced so far, have narrated accounts post the killings.
