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Delhi High Court dismisses PIL seeking willingness of accused for conducting polygraph, narco test, brain mapping

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The Delhi High Court on Monday dismissed a public interest litigation that sought directions to police to ask complainants about their willingness to undergo scientific tests such as polygraph test, narco analysis and brain mapping during investigation to prove the allegations.

The order was passed by the Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad on a public interest litigation filed by Advocate and Bharatiya Janata Party (BJP) leader Ashwini Kumar Upadhyay. 

Earlier on May 15, the Bench had reserved its order on the PIL that sought directions to police to ask the complainants whether they were ‘willing’ to undergo scientific tests such as polygraph, narco analysis and brain mapping during the investigation to prove the allegation and also to record their statement in the First Information Report (FIR).

The plea further sought similar directions be issued in respect of the accused and their statements being recorded in the chargesheet.

Noting that such directions would work as a deterrent to reduce fake cases, the petition contended that it would also save the public money spent on investigation and trial, along with securing the right to life, liberty, dignity and justice of thousands of innocent citizens, who were under tremendous physical and mental trauma, besides financial stress, due to such fake cases.

The petitioner further sought directions to the Law Commission of India to examine the best practices of developed countries and prepare a detailed report on how to control fake cases and reduce the precious judicial time as well as the time spent by police in a probe.

Petitioner Upadhyay had arrayed the Ministry of Home Affairs, the Ministry of Law and Justice, the Delhi government, the Law Commission of India, the Central Bureau of Investigation and the Delhi Police Commissioner as parties in the case.

(Case title: Aswini Kumar Upadhyay vs Union of India & Ors)

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