Jammu, Sep 11: A special court here has rejected the NIA’s plea for a polygraph test and narco analysis of the two men arrested in connection with the Pahalgam terror attack, ruling that the “scientific techniques” would violate the right against self incrimination.
The National Investigation Agency, which took over the case five days after the April 22 terror attack that killed 26 people, had informed the court that the accused had given their consent to the two tests to prove their innocence.
However, Bashir Ahmad Jothatd and Parvaiz Ahmed, who were summoned, contradicted the NIA’s claim. They had been arrested on June 26 on charges of allegedly providing shelter to the terrorists involved.
“Today, both the accused persons have been produced…Both the accused persons have submitted in open court that they are not willing to undergo polygraph or narco analysis test,” the court said in its six page order.
According to its August 29 order, the details of which have come to light only now, the NIA’s chief investigating officer approached the court seeking permission to carry out a polygraph test and narco analysis of the two.
The Deputy Legal Aid Defence Counsel also rebutted the NIA’s claims that the Jothatd and Ahmed had voluntarily agreed to the tests. It asked that the NIA’s plea be rejected because “no voluntary consent statement of the accused in the custody of prisoners was taken by the agency”.
“…involuntary administration of scientific techniques such as narco-analysis, polygraph examination test would violate the ‘right against self-incrimination enumerated” in the Constitution,” the court said while dismissing the NIA’s plea.
In the order, the court also cited a Karnataka High Court judgment and National Human Rights Commission guidelines on polygraph test, narco analysis and brain electrical activation profile.
According to the guidelines, the consent of the accused for such scientific tests should be recorded before a judicial magistrate and the actual recording of a lie detector test be done by an independent agency, like a hospital, and conducted in front of lawyers.
According to the NIA, the two arrested knowingly harboured three armed terrorists at a seasonal dhok (hut) at the Hill Park before the attack targeting tourists in the picturesque Baisaran valley in the upper reaches of Jammu and Kashmir’s Pahalgam town.
“The two men had provided food, shelter and logistical support to the terrorists, who had, on April 22 afternoon, selectively killed the tourists based on their religious identity, making it one of the most gruesome terrorist attacks ever.
“Both Parvaiz and Bashir have been arrested under Section 19 of the Unlawful Activities (Prevention) Act, 1967. Further investigation in the case is going on,” the NIA had said in a statement after their arrest.
On that day, terrorists attacked tourists at Baisaran meadows, also known as mini Switzerland, and killed 26 people — 25 tourists belonging to different states and a local Syed Adil Shah who attempted to save tourists by snatching the rifle of one of the attackers.
On July 28, the army eliminated all the three terrorists who were involved.
