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AIIMS gives green signal for narco tests on Ghandy; Court reserves order

Posted by Admin on October 29, 2009

Narco-analysis test can be conducted on top Maoist leader Kobad Ghandy, a special medical board of AIIMS has told a Delhi court, which today reserved its order on the issue till October 31.

The Delhi Police had earlier filed an application before Chief Metropolitan Magistrate Kaveri Baweja seeking conduct of narco test on the 59-year-old Ghandy as he had allegedly not cooperated during questioning despite use of all scientific methods of interrogation.

Ms. Baweja reserved her order on the police plea for October 31 after the special medical board of AIIMS concluded that the politburo member of banned CPI(Maoist) can withstand the narco-analysis test.

“There is no evidence to suggest that the accused cannot withstand the narco test,” the AIIMS report said.

It, however, recommended that the “invasive” test be conducted under strict medical supervision as the accused was suffering from hypertension and other ailments.

The police submission was strongly opposed by Ghandy’s lawyer Rebecca M. John, who said that it would violate his Constitutional right under which an accused cannot be asked to be a witness in his own case.

The police had on October 20 filed the application before the court to allow it to conduct narco tests on Ghandy following which it had directed AIIMS to constitute a medical board to examine his physical fitness.

Public Prosecutor Naveen Kumar had contended that Ghandy had not co-operated during questioning despite use of all scientific methods of interrogation.

Ghandy’s counsel had argued that since the matter relating to validity of narco-analysis tests has been referred to a larger bench of Supreme Court and is awaiting verdict, this court should also wait for the final judgement before forcing the accused to undergo the test .

The court, meanwhile, extended the judicial custody of Ghandy till Nov 4.  The Hindu

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