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Wednesday, 5 May 2010
Constitutional Right
It is very happy to hear that the Supreme Court of India once again upheld the values of our Constitutional rights with a very significant verdict that, the narco-analysis, brain mapping & polygraph tests are against the fundamental rights of a person. The Article 20(1)(2) of Indian Constitutional law insists-Right against self incrimination- No one can be compelled to be given evidence against himself. If an accused is ready to give confession before the Court, it is the duty of the Court to explain towards that person that, this confession statement may be taken as an evidence against himself and no need to be given. The narco tests may cause harm to a person physically or mentally. It may hit badly to an innocent person, who may be responsible?? that will be turned to a punishment before proven guilty. If it is legalized it may help the investigating agency to reduce the work, but will be misused against thousands of innocent people! The duty of the police is to collect evidences against the accused and prove the allegation before the Court beyond doubts. Here the accused never compelled to give any scrap of evidence against himself, Because of the Constitutional protection. The narco-tests are in-fact equable to third degree, but falsely saying- it is scientific. Many High Courts were admitted narco-tests as legal, it was really embarrassing, even now The Hon'ble Supreme Court underlined, it (narco-tests) is not good for a civilized nation..........
(RajeshPuliyanethu
Advocate,Haripad)
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We should not be encouraged by that decision of SC.we simply say that the investigators shall collect the evidence and how is nobody`s concern.they are also humanbeings we cannot expect miracles from.they cannot torture,cannot question them under intoxication,wont get custody after the first 15 days of remand etc,albeit they shall prove the case beyond all reasonable doubt.who can say that this will not be reversed like many other decisions(Rajdeo sarma,K.M Mathew V State of kerala etc)when its specific purpose is achieved!Any way this is a set back to our social security.
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