Delhi HC dismisses PIL for scientific tests on complainant to control fake cases

The petitioner had said similar directions be made in respect of an accused and his or her statement be recorded in the charge sheet

The Delhi high court on Monday dismissed a public interest litigation (PIL) seeking directions to the city police to ask complainants if they are willing to undergo scientific tests like narco analysis and brain mapping during investigation process to prove allegations in order to control fake cases.

The petitioner sought to direct the law commission to examine the best practices in developed countries. (Representative file image)

A bench of chief justice Satish Chandra Sharma and justice Subramonium Prasad rejected the plea on the petition by lawyer and BJP spokesperson Ashwini Upadhyay.

A detailed copy of the judgment is awaited.

On May 15, while observing that “we are not lawmakers”, the court said that “it will pass appropriate orders” on the petition.

Upadhyay had sought directions to the police to ask the complainant “whether the person is willing to undergo scientific tests like narco analysis, polygraph and brain mapping during the investigation to prove the allegation” and record her statement in the first information report (FIR).

The petitioner had said similar directions be made in respect of an accused and his or her statement be recorded in the charge sheet. He said this will work as a deterrent and reduce fake cases.

As Upadhyay insisted what was the harm in asking one sentence to the complainants, that is, if they are willing to undergo narco or braining mapping tests, the CJ shot back “mazak thodi hai, CrPC hai sahib (It is not a joke, it is CrPC sir)”… “Kaha likha hua hai ki ek vakya aur puch sakte hain (Where is it written that police can ask one more question)? We would not go beyond CrPC. Please show us that this is a mandatory provision in CrPC that the police are required to ask (the complainant)? We have told you in the beginning itself that we are not lawmakers”.

The petitioner sought to direct the law commission to examine the best practices in developed countries and prepare a detailed report to control fake cases and reduce police investigation and judicial time.

The plea said this will also save the public money spent on the investigation and trial and secure the right to life, liberty, dignity and justice of thousands of innocent citizens who are under tremendous physical mental trauma and financial stress due to fake cases.