Rahul files caveat in SC
The caveat has been filed to pre-empt any possible move by police to get an ex parte order against HC's direction staying his brain mapping test.india Updated: Aug 03, 2006 11:15 IST
Rahul Mahajan, son of the late BJP leader Pramod Mahajan, on Thursday filed a caveat in the Supreme Court to pre-empt any possible move on the part of Delhi police to get an
order against Delhi High Court's direction staying his brain mapping test in the drug snorting case.
"Yes we have filed a caveat in the Supreme Court in connection with the High Court order in this case," Ankur Chawla, one of the counsel representing Rahul, said.
Now if the Delhi Police move the apex court against the High Court order, the former would not pass any orders without hearing Rahul's counsel.
On a petition by Rahul, the High Court had yesterday stayed the June 29 order of the trial court for his brain mapping test in the case.
The High Court had asked the Delhi Police to respond to Rahul's petition within two weeks and posted the matter for further hearing to August 18.
Rahul Mahajan had challenged the trial court's order on the ground that subjecting him to brain mapping test was a gross violation of his privacy and negation of Article 21 of the Constitution (right to life and liberty).
Asserting that such a test had no evidentiary value under the Indian law, senior counsel Harish Salve had submitted on his behalf that neither the police nor the courts in the country had a right to "invade" the mind of an individual.
He had told the High court that the brain mapping test involved connecting as many as 32 electrodes to the scalp of the victim and reading the brain reactions of the person.