Aaftab’s voice samples can be taken: Court

The court rejected Poonawala’s counsel’s claims that they needed a copy of the application and some time to deliberate before such a test could be ordered

A Delhi court on Friday allowed the police to record the voice samples of Aaftab Poonawala, accused of murdering his girlfriend Shraddha Walkar, even as another court extended his judicial custody by 14 days.

Aaftab Poonawala allegedly strangled his girlfriend Shraddha Walkar, 27, at their rented accommodation in south Delhi’s Chhattarpur Pahadi on May 18, chopped up her body into 35 pieces, and dumped the parts in forested areas in the national capital. (HT Photo)

The court rejected Poonawala’s counsel’s claims that they needed a copy of the application and some time to deliberate before such a test could be ordered. The court said a fair investigation is required in the larger public interest and that the consent of an accused is only required for tests such as narco analysis, brain mapping and polygraph and that the right to refusal was not available when a voice sample has been sought.

“True, fair trial is the right of an accused but it is also true that fair investigation is also required in the larger public interest as the offence cannot escape and crime cannot go unnoticed merely because the accused is not ready to aid in the investigation. Thus, the application moved by IO (investigation officer) seeking permission for voice sampling test of accused is allowed,” metropolitan magistrate Vijayshree Rathore said.

Special public prosecutor Amit Prasad, for the police, had contended that the accused has no right to be heard and that it is for the courts to ensure that due process of law has been followed while collecting evidence.

During the hearing, the court allowed Poonawala and his counsel to interact with each other via video conferencing, following which both of them opposed the police’s application for voice sampling.

The court, while explaining the legal procedure to Poonwala, told him that the investigating officer had collected some audio-video recordings of his conversation, and needed to collect his voice samples for further investigation.

To this, Poonawala replied, “I would go with my counsel”.

As MS Khan, his counsel, protested against the test, Poonawala reiterated, “I am going with counsel”.

“It appears that these are merely delaying tactics on part of the accused. It is to be further noted that this is merely an investigation proceeding and the right of the accused to defend himself would definitely accrue at the stage of trial where an opportunity of hearing as well as defending himself would definitely be granted to him,” she said, directing that the voice sampling be conducted on Monday at the Central Bureau of Investigation (CBI) headquarters.

Poonawala, 28, allegedly strangled Walkar, 27, at their rented accommodation in south Delhi’s Chhattarpur Pahadi on May 18, chopped up her body into 35 pieces, and dumped the parts in forested areas in the national capital.