The NIA, which took over the probe five days after the April 22 Pahalgam attack, had submitted before the court that the accused had given their consent for the tests to establish their innocence
The two accused were arrested for allegedly providing shelter to the terrorists involved in the attack. Representational pic
A special court in Jammu has dismissed the National Investigation Agency's (NIA) plea seeking permission to conduct polygraph and narco analysis tests on two men arrested in connection with the Pahalgam terror attack, stating that the use of such “scientific techniques” would infringe upon the right against self-incrimination, reported news agency PTI.
The NIA, which took over the probe five days after the April 22 Pahalgam attack, had submitted before the court that the accused had given their consent for the tests to establish their innocence.
However, the two accused — Bashir Ahmad Jothatd and Parvaiz Ahmed — contradicted the agency’s claims in court, reported PTI. The two were arrested on June 26 for allegedly providing shelter to the terrorists involved in the Pahalgam teror attack.
“Today, both the accused persons have been produced... Both the accused persons have submitted in open court that they are not willing to undergo polygraph or narco analysis test,” the court stated in its six-page order dated August 29, the contents of which came to light on Thursday.
According to the order, the NIA’s chief investigating officer had approached the court seeking permission to carry out the tests on the accused, reported PTI.
However, the deputy legal aid defence counsel countered the agency's claim, stating that no proper or voluntary consent was recorded.
“The NIA's plea deserves to be rejected as no voluntary consent statement of the accused in the custody of prisoners was taken by the agency,” the defence counsel argued.
The court ruled that “involuntary administration of scientific techniques such as narco-analysis, polygraph examination test would violate the ‘right against self-incrimination’ enumerated in the Constitution,” and accordingly rejected the NIA's application, reported PTI.
The order also cited a Karnataka High Court judgment and the guidelines issued by the National Human Rights Commission (NHRC) regarding the conduct of polygraph, narco analysis, and Brain Electrical Activation Profile (BEAP) tests. As per these guidelines, the consent of the accused for such scientific tests must be recorded before a judicial magistrate.
Furthermore, the actual lie detector test must be conducted by an independent agency, such as a hospital, in the presence of legal representatives.
According to NIA, Jothatd and Ahmed had knowingly sheltered three armed terrorists at a seasonal ‘dhok (hut)’ located in Hill Park ahead of the Pahalgam terror attack that targeted tourists in the Baisaran valley — a popular destination in the upper reaches of Pahalgam town, Jammu and Kashmir.
“The two men had provided food, shelter and logistical support to the terrorists, who had, on April 22 afternoon, selectively killed the tourists based on their religious identity, making it one of the most gruesome terrorist attacks ever,” the NIA said in a statement following their arrest.
The two accused have been booked under Section 19 of the Unlawful Activities (Prevention) Act, 1967. The investigation in the case is ongoing.
On April 22, armed terrorists carried out a brutal attack in the scenic Baisaran meadows — also known as 'mini Switzerland' — killing 26 people, including 25 tourists from various states and a local resident. The local, Syed Adil Shah, was reportedly shot while trying to save the tourists by attempting to snatch a rifle from one of the attackers.
The army later neutralised all three terrorists involved in the massacre during an operation conducted on July 28.
(With PTI inputs)
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