New Delhi, Jul 3 (IANS): The Delhi High Court on Monday dismissed a Public Interest Litigation (PIL) seeking direction to police to ask the complainants whether they are willing to undergo to scientific examinations such as polygraphy, brain mapping, and narcotic analysis during investigation.
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed petitioner lawyer Ashwini Upadhyay's PIL, which also sought direction to the Law Commission of India to create a thorough report to prevent "fake cases" and reduce the police investigation time and precious time of the judiciary.
In order to support her claim and record her statement in the First Information Report, the complainant should be asked whether she is willing to undergo to scientific examinations such as polygraphy, brain mapping, and narcotic analysis during the investigation, the petitioner had argued.
To establish the accused's innocence and include her statement in the chargesheet, it also sought direction the police to inquire about the accused's willingness to submit to narcotics analysis, polygraph testing, and brain mapping tests.
According to the plea, this would have served as a deterrence and drastically cut down on false cases, which would also save time for both police and judicial investigations.
“It will also secure the right to life, liberty, and dignity of thousands of innocent citizens who are under tremendous physical mental trauma and financial stress due to fake cases”, the plea had said.
“Presently, with the growth of technology and new means to aid justice, the investigating agencies of the developed countries like the US, China, Singapore, etc are frequently using scientific tests like Narco Analysis, Polygraphy and Brain Mapping and therefore, fake cases are very less but ‘deception detection tests’ are rarely used in India that’s why police stations and courts are filled with fake cases”, the plea read.
The plea had stated that the courts in many instances, have permitted the use of different scientific tests for further investigation.