Narco-analysis illegal: Godmother
SC restrains Gujarat police from conducting narco-analysis and brain mapping tests on alleged underworld don Jadeja, reports Satya Prakash.delhi Updated: Oct 23, 2007 01:42 IST
The Supreme Court on Monday restrained the Gujarat police from conducting narco-analysis and brain mapping tests on alleged underworld don Santokben Sharmanbai Jadeja, widely known as 'Godmother'.
Acting on a special leave petition filed by Jadeja, a bench headed by Justice Altamas Kabir stayed the August 13 order of the Gujarat High Court dismissing her plea against a Junagarh court order granting permission to the police for the tests.
In her petition filed through advocate Bina Madhavan, she challenged the narco-analysis and brain mapping tests as being illegal and unconstitutional as they violated her privacy, part of the right to life and liberty guaranteed under Article 21 of the Constitution. The petitioner said the tests also violated Article 20(3) of the Constitution that says, "No person accused of any offence shall be compelled to be a witness against himself."
The court directed that her petition be listed along with similar petitions challenging the constitutional validity of the tests, which are already pending before a larger bench.
Jadeja, arrested by the Junagadh police in June 2007 for her alleged involvement in extortion and criminal intimidation, said in her petition that there was no statutory provision for narco-analysis or brain mapping tests and, therefore, she could not be subjected to them against her express consent. She cited the 1993 National Human Rights Commission guidelines stipulating that such tests can be conducted only with the consent of the accused.