Today, On 13th September, A court rejected the CBI’s request to administer a narco test on Sanjay Roy, the accused in the Kolkata rape-murder case. The CBI sought the test to gather further evidence in the investigation, but the court denied the plea. The decision limits the investigative methods available to the agency in this high-profile case.
Kolkata: The Sealdah court on Friday rejected the CBI’s request to conduct a narcoanalysis test on Sanjay Roy, the accused in the RG Kar Hospital case.
Roy presented for a closed-door hearing, during which his consent for the test was required, as it is legally mandatory. Previously, Roy and others, including the principal of RG Kar College, had undergone a polygraph test.
The court stated,
“Sanjay Roy did not give his consent for the narcoanalysis test. According to the 2010 Supreme Court ruling in the Karnataka case, no accused can be subjected to these tests without their consent. It is unconstitutional and violates the accused’s right to privacy.”
In the Selvi vs. State of Karnataka case, the Supreme Court of India ruled that conducting narcoanalysis, brain mapping, and polygraph tests on suspects without their consent is unconstitutional.
The court found that these techniques violate the ‘right against self-incrimination’ under Article 20(3) and the ‘right to privacy’ under Article 21 of the Constitution. The judgment established that evidence obtained through such methods without voluntary consent cannot be admitted in court, setting a significant precedent for protecting personal liberties in India.
Meanwhile, protests continue in Kolkata over the RG Kar Medical and Hospital rape-murder case. Communist Party of India (Marxist) workers demanded justice, while junior doctors staged protests outside Swasthya Bhawan following the rape and murder of a second-year PG student on August 9.
Bengal Chief Minister Mamata Banerjee responded to the ongoing protests, saying,
“I am ready to resign as the Chief Minister of West Bengal. I am not concerned about the post; I want justice for the victim and to ensure people receive medical services.”
She also assured that no action would be taken against the protesting doctors.
Bengal Governor C V Ananda Bose, in a video statement, expressed his discontent with the Chief Minister, stating,
“In solidarity with Bengal society, I resolve to socially boycott the Chief Minister. I will not share any public platform or participate in any event involving the Chief Minister. My role as Governor will be limited to my constitutional duties.”