Court warns cops against ‘torture’ during narco test
NEW DELHI: A Delhi court has directed the Delhi Police not to use any “third degree” measures during the narco test on Aaftab Poonawala, who allegedly murdered his partner, Shraddha Walkar, and dismembered her body.
The court’s order came on Thursday, but a detailed copy was made available on Friday.
Interpreting the court’s direction on third degree measures, legal experts said that the police cannot mentally and physically torture the accused during the narco test during which he would not be “unconscious but his imagination is neutralised”.
In her order, metropolitan magistrate Vijayshree Rathore also recorded Poonawala’s consent for the narco test after he was explained all the legalities, procedural formalities and consequences of his approval.
“I give my consent,” Poonawala said, following which the court ordered, “The FSL, Rohini is directed to allow the investigating officer (IO) for conducting the narco analysis Test of the accused within five days…the IO is further directed not to use any other 3rd degree measures.”
Though narco-analysis tests generally don’t have legal validity, the court may grant limited admissibility after considering the circumstances under which the test was obtained.
Experts said that since third
The admissibility of a narco analysis test even for investigation is assessed on the basis of circumstances under which it is conducted. VIKAS PAHWA, senior advocate
degree constitutes both mental and physical torture, any form of force or torture during narco analysis, except for the anesthetic drug, cannot be allowed.
“The admissibility of a narco analysis test even for investigation is assessed on the basis of circumstances under which it is conducted. The process has to be fair and independent,” said senior advocate Vikas Pahwa.
Advocate Tanveer Ahmed Mir said, “Narco-analysis, though not admissible in the court of law, is used to elicit/extract information from the accused. In this case, if the court has directed to not use third degree, then it means that the police or the doctor who administered the medicine, will not use force or slap the accused to keep him awake, since he would be in a semi-conscious state due to the medicine.”