The Supreme Court on Monday stayed the narco-analysis test on the police officers arrested in connection with the alleged rape and murder of two women in Shopian in Jammu and Kashmir. The Bench,comprising Chief Justice K G Balakrishnan and Justice P Sathasivam,decided to hear the bail pleas of SP Javed Iqbal Mattoo and Deputy SP Rohit Baskotra,who have challenged the High Courts interim order,dated July 15. The court will hear the bail pleas on Friday.
The Bench seemed to agree with the submission of advocate Mukul Rohtagi,who appeared for the accused cops,that the situation in Shopian was not conducive for them in view of the HC order. I want you to consider the bail, argued Rohtagi before the Bench. The HC had ordered the arrest of the suspended officers by the Special Investigation Team on a PIL by the Jamp;K HC Bar. Rohtagi submitted before the Bench how the HC gave an interim order with directions like narco-analysis tests and collection of blood samples,without giving notice to the accused cops.
Responding to this,the court issued a notice to the State of Jammu and Kashmir,Director General of Police,HC Bar Association,besides others before passing any order on their bail pleas. The cops have sought stay of the HC order following which they,along with two others,SHO Shafiq Ahmed and Sub-Inspector Gazi Abdul Rehman,were arrested.
The accused have appealed: The impugned order has deprived the petitioners accused cops an opportunity of hearing,as well as it has the effect of condemning them,even before being heard. They have questioned before the apex court how in the absence of any FIR against them,how could their arrest be ordered.