THE ALLAHABAD High Court has adjourned till January 24 the hearing of an application filed by jailed MLA from Mau, Mukhtar Ansari, challenging the order of Chief Judicial Magistrate Ghazipur for his ‘voice test’ in connection with BJP MLA Krishnanand Rai murder case.
This order was passed by Justice Ravindra Singh after hearing the counsel of the applicant and Government Advocate Vijay Shankar Mishra.
Appearing on behalf of the applicant, senior advocate Gopal Chaturvedi assisted by Samit Gopal, advocate, argued that there is no provision for giving voice for comparison during investigation under Criminal Procedure Code, Evidence Act and Prisoners’ Act. Therefore, the order for voice test is illegal and deserved to be quashed.
On the other hand, appearing on behalf of the State government, government advocate Vijay Shankar Mishra argued that voice test is only for the purpose of investigation and he (Mukhtar) has not been asked to give any statement.
Therefore, the order for voice test is not against Article 20 (3) of the Constitution of India. Article 20 (3) is directed against self-incrimination. It provides that no person can be compelled to give evidence against him.
Government Advocate Mishra also quoted a case of Bombay High Court-Central Bureau of Investigation Vs Abdul Kareem Telgi 2005, which says that application for voice sample for identification of voice for comparing does not infringe Article 20(3) of the Constitution of India. Therefore, order for voice test cannot be termed as ‘testimonial compulsion’.
{{/usCountry}}Government Advocate Mishra also quoted a case of Bombay High Court-Central Bureau of Investigation Vs Abdul Kareem Telgi 2005, which says that application for voice sample for identification of voice for comparing does not infringe Article 20(3) of the Constitution of India. Therefore, order for voice test cannot be termed as ‘testimonial compulsion’.
{{/usCountry}}To recall, BJP MLA from Ghazipur Krishnanand Rai, along with his seven aides, was killed on November 29, 2005 at district Ghazipur. MLA Mukhtar and his brother were named as accused in this murder case. Election rivalry and gang war were alleged to be the cause behind this murder. The matter was directed to be investigated by the Special Task Force (STF).
During investigation, the STF moved an application before the court of Chief Judicial Magistrate, Ghazipur requesting for the permission for voice test of Mukhtar.
The CJM granted permission for recording and testing the voice of Mukhtar Ansari.
Aggrieved over the order, Mukhtar challenged it by filing revision application before the sessions judge, Ghazipur. The sessions judge rejected the application of Mukhtar. Hence he filed the present application before the High Court under Section 482 (inherent powers of High Court) under Criminal Procedure Code challenging the subordinate court’s order for his voice test.