New Delhi: The Supreme Court has ruled that forcing someone to go through brain-mapping, narco-analysis or lie detector tests is unconstitutional because "it is an unwarranted intrusion on the individual's rights." (
Read: What is narco analysis)
The verdict is a serious setback for the Central Bureau of Investigation (CBI) which argued that these tests are neither allowed nor submitted as primary evidence, are non-invasive, and are critical in providing leads in tough-to-prove cases of terror and murder.
During narco-analysis, the subject is drugged into a semi-unconscious state; then questions are asked and responses recorded on camera. (
Read: Science, controversy related to narco-analysis)
The court, however, held that Article 20 (3) of the India Constitution that states "no person accused of any offence shall be compelled to be a witness against himself."
If a person volunteers to go through narco-analysis or brain-mapping, the findings cannot be used without other supporting evidence, said the court. Also, while conducting these tests, investigating agencies have to follow the guidelines of the National Human Rights Commission (NHRC).
The case against these forms of interrogation and investigation was moved, among others, by Santokben Sharmanbhai Jadeja, a woman accused of leading an underworld gang in Gujarat, and Tamil film producer K Venkateswara Rao.
The Delhi High Court had also recently restrained the police from going ahead with narco-analysis for arrested Naxal leader Kobad Ghandy till the Supreme Court gave its ruling.
The Supreme Court's verdict could seriously impact the defense in some high-profile cases, like the Saytam scam.
B Ramalingam Raju, the former chairman of Satyam Computers, has so far refused to go through polygraph and brain-mapping tests. Raju is accused of a scam worth Rs 7800 crores. The CBI wanted to put him through these tests to learn more about how he operated and manipulated the accounts of the company. (
Read: Narco test ruling may work to Raju's advantage)
In terror cases, the CBI has relied heavily on narco-analysis in the past. Last week, a court allowed a narco-analysis test on one of the men arrested for the blast at the Ajmer Dargah in 2007 in which three people were killed.
Sadhvi Pragya Thakur Singh, arrested for the bomb blasts of 2008 in Malegaon in which six people were killed, was also put through narco-analysis, brain-mapping and lie detector tests.
Former CBI Director Joginder Singh says, "It is not a setback for the investigating agencies...but terrorists should not be covered by this judgement."
The Law Minister, Veerappa Moily, stated, "We need to go through the judgment and you know find out what it is and it is too early to react on that. (With PTI inputs)