Jammu and Kashmir court has rejected the NIA’s plea to conduct polygraph and narco analysis on two men arrested in the Pahalgam terror attack, stating it would violate their right against self-incrimination. The accused had earlier consented, but the court upheld constitutional protections.
Srinagar: A special court in Jammu has turned down the National Investigation Agency’s (NIA) request to conduct a polygraph test and narco analysis on two men arrested in connection with the April 22 Pahalgam terror attack.
The court ruled that using these “scientific techniques” would go against the fundamental right against self-incrimination guaranteed under the Constitution.
The NIA had claimed that the accused had themselves given consent for the two tests, arguing that they wanted to prove their innocence. However, when the court summoned them, both contradicted the agency’s statement.
The accused – Bashir Ahmad Jothatd and Parvaiz Ahmed – were arrested on June 26 for allegedly giving shelter to the terrorists who carried out the brutal attack.
The court’s six-page order noted:
“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 order, passed on August 29 but revealed only now, shows that the NIA’s chief investigating officer had formally approached the court for permission to conduct the tests.
The defence counsel strongly opposed the plea. The Deputy Legal Aid Defence Counsel argued that the NIA’s claim of voluntary consent was false, pointing out that
“no voluntary consent statement of the accused in the custody of prisoners was taken by the agency.”
The court agreed with this objection and ruled:
“…involuntary administration of scientific techniques such as narco-analysis, polygraph examination test would violate the ‘right against self-incrimination enumerated’ in the Constitution.”
In support of its reasoning, the court referred to a Karnataka High Court judgment and also cited National Human Rights Commission (NHRC) guidelines on the use of polygraph tests, narco analysis, and brain electrical activation profile.
The NHRC guidelines make it clear that consent for such tests must be recorded before a judicial magistrate, and the tests must be carried out by an independent agency such as a hospital, under the observation of lawyers, with the entire process recorded.
According to the NIA, the two arrested men knowingly sheltered three armed terrorists at a seasonal dhok (hut) located at Hill Park before the massacre in Jammu and Kashmir’s Baisaran valley, near Pahalgam.
The agency stated:
“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. Both Parvaiz and Bashir have been arrested under Section 19 of the Unlawful Activities (Prevention) Act, 1967. Further investigation in the case is going on.”
On April 22, terrorists stormed into Baisaran meadows, popularly called “mini Switzerland,” and opened fire on tourists.
Twenty-six people were killed in the attack, including 25 tourists from different states and a local, Syed Adil Shah, who had tried to save the visitors by bravely attempting to snatch a weapon from one of the attackers.
A month later, on July 28, the army neutralised all three terrorists who had carried out the killings.
Click Here to Read Previous Reports on Marathas
