A magistrate's court in Mumbai that denied permission to subject dismissed RPF constable Chetansinh Chaudhary, accused of shooting four people dead on a moving train, to narco tests said in its reasoning that to remain silent is an accused's fundamental right.
An accused can not be forced to undergo such tests only for the sake of a "smooth investigation", the court said in the order passed on August 11. The full order became available on Friday.
The Government Railway Police (GRP) had sought the Borivali magistrate court's nod to subject Mr Chaudhary to narco tests, brain mapping, and polygraph.
He is currently in judicial custody, lodged in a jail in neighboring Thane district.
The prosecution said that he was accused of committing a serious offence and to complete the investigation, narco and other tests are necessary.
Mr Chaudhary's lawyers Surendra Landage, Amit Mishra, and Jaywant Patil opposed the application, saying that narco tests are a violation of fundamental rights and cannot be conducted if an accused does not consent to them.
The court said in the order that the accused was, admittedly, arrested in connection with a heinous crime.
Referring to a Supreme Court judgment, the magistrate noted, "If we minutely go through the entire judgment, it clearly reveals that only in external circumstances, that too with the consent of the accused, a test can be conducted. But, there is no room for compelling the accused to go for a test without his content. Since the accused is not ready to face such tests, to protect his fundamental rights, the application deserves to be rejected."
The court further said that to remain silent is the fundamental right of an accused.
"In my opinion, only for the smooth investigation permission cannot be granted," the court added.
The grisly incident took place on July 31 aboard the Jaipur-Mumbai Central Express near Palghar railway station in Maharashtra.
Mr Chaudhary (34) allegedly shot dead his senior, RPF Assistant Sub-Inspector Tika Ram Meena, and three passengers on a moving train.
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