SRINAGAR: A Jammu court has rejected the National Investigation Agency’s plea to conduct a polygraph test on two men arrested for their involvement in the April 22 Pahalgam terror attack, saying “involuntary administration of scientific techniques like narco analysis, polygraph examination test would violate right against self-incrimination enumerated in Article 20 (3) of the Constitution.”
Special Judge Sandeep Gandotra explained the reason for rejection. “This is because the underlying rationale of said right is to ensure the reliability as well as voluntariness of statements that are admitted as evidence. Invocations of a compelling public interest cannot justify the dilution of constitutional rights such as the ‘right against self-incrimination’.”
The NIA arrested two Pahalgam residents, Bashir Ahmad Jothatd and Parvaiz Ahmed, on June 22 on charges of harbouring, providing food, and other logistical support to terrorists involved in the Pahalgam attack, in which 26 civilians were killed.
The NIA wanted to conduct a polygraph/narco analysis test to get precise and substantial leads regarding the investigation. The accused were produced before the special judge on August 29, and the procedure for conducting the test was explained to them. However, Gandotra observed in his order, “Both the accused persons submitted in open court that they are not willing to undergo the test.”
The court also said, “No individual should be forcefully subjected to any of the techniques in question… Doing so amounts to an unwarranted intrusion into personal liberty.”