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ShareDelhi: In a setback to police, the Delhi high court on Thursday stayed a trial court order allowing them to conduct a narco test on Maoist leader Kobad Ghandy. Justice Indermeet Kaur stayed chief metropolitan magistrate Kaveri Baweja's October 31 order.
Arguing against the trial court's order, Ghandy's counsel Rebecca John submitted that her client could not be "forced to undergo such a test" till the time the Supreme Court decides on the constitutional validity of a narco-analysis. The apex court has been denying such a test on any accused in view of a pending case before it in which a Constitution bench has reserved its order.
John also argued that her client could not be "forced to give evidence against himself as it violates his right under Article 20(3)" and that Ghandy had not given any consent for the test. The police, however, submitted that it needed to subject the Maoist ideologue to the test as he had been "uncooperative" throughout the interrogation and that the police needed to get details of his aides from him.
However, the court issued a notice on the Delhi police, directing it to file a status report on Ghandy's investigation since his September 20 arrest. The police have to submit the report on December 14, when the court will once again take up the police request for conducting the test on Ghandy.
