Rahul moves HC against brain-mapping test order
Mahajan Jr said the order passed by the Additional Sessions Judge on June 29 was unconstitutional.india Updated: Jul 18, 2006 20:38 IST
Rahul Mahajan, son of the slain BJP leader Pramod Mahajan, on Tuesday moved the Delhi High Court challenging the "brain mapping" test ordered by the trial judge against him in the drug snorting case.
In his application filed through counsel Ankur Chawla, Mahajan Jr said the order passed by the Additional Sessions Judge on June 29 was "unconstitutional" and beyond the purview of the courts in the country.
Mahajan contended that the order to conduct a brain mapping test on him was an invasion of his personal liberty and privacy guaranteed under Article 21 of the Constitution.
The petition accused the police of seeking to conduct brain mapping test on Rahul with a malafide intention and pointed out that no such tests were conducted against several drug peddlers and addicts who were earlier arrested for being in possession of huge quantities of narcotics substances.
While the allegation against Rahul was that he was in possession of a mere one gram of cocaine, several other professional drug peddlars and addicts who were earlier arrested for being in possession of huge quantities of the banned substances were never subjected to such tests, the petition complained to attribute malafide intention on the part of police in seeking the trial judge's permission for conduction a brain mapping test on the junior Mahajan.
The petition further maintained that brain mapping test which was a western concept has no evidentiary value under the Indian laws as such the ASJ's order was invalid and unconstitutional.
The ASG had earlier on June 29 granted permission to the Delhi police to conduct a brain-mapping test on Rahul any day after July 27.