In an unprecedented move, Delhi Police have summoned the eyewitness and the complainant in a 6-year-old murder case for a lie detector (polygraph) test.
The police have not sought the court's permission to conduct the test.
On September 26, 2004, Umesh Bali (35) was reportedly attacked with a steel rod while out on a walk, at Timarpur, North Delhi.
Bali had reportedly objected to some construction being carried out by one on a lane. After an argument, Aggarwal reportedly called two men who together attacked Bali.
Bali lost consciousness and fell on the road.
P.K.Gupta (61), who was with Bali, called the police.
Gupta, along with his servant Sat Pal Nagar (35), rushed Bali to a nearby hospital and registered an FIR.
After the incident, Bali had slipped into comma and could not record his statement. Gupta became the complainant and his servant became the eyewitness in the FIR.
Bali died on January 1 2008.
The police converted the FIR from Section 307 (causing grievous hurt) to Section 302 (murder). On December 16, 2009, police issued summons to Gupta and Nagar to go through a polygraph test without any specific reason.
Gupta filed a protest petition stating “conspiracy in transforming him as a complainant to an accused in the murder case”. Gagan Preet Singh, Gupta’s counsel, said: “A lie detector test without court permission is absolutely illegal.”
Deputy Commissioner of Police, North District, Sagar Preet Hooda said: “The matter is under investigation. If complainant is not willing to undergo test, he can deny it.”