May 5, 2010 5:45:00 pm
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 against himself.”
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 newly-developed techniques.
“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,” he said.
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