In an order with far-reaching consequences for these agencies, a three-member bench headed by Chief Justice K.G. Balakrishnan held that the “compulsory administration of these techniques” violated the individual’s right against self-incrimination. “The underlying rationale of (this) right is to ensure the reliability (and) voluntariness of statements admitted as evidence,” the bench held.
In a 250-page order allowing the appeals of nine accused facing criminal cases as their narco, polygraph or brain-mapping tests were ordered by trial courts or high courts, the bench said: “We hold that no individual should be forcibly subjected to any of these techniques, whether in the context of investigation in criminal cases or otherwise. Doing so would amount to an unwarranted intrusion into personal liberty.”
The bench, which also comprised Justices R.V. Raveendran and J.M. Panchal, settled a raging debate by human rights activists on whether investigating agencies should be allowed to intrude on an individual’s liberty by adopting these techniques to crack complex cases.
S.S. Negi