The Kerala High Court on Thursday quashed the Thiruvananthapuram CBI Special Court order issuing summons to two doctors who had conducted narco analysis test on the accused in the Sister Abhaya death for examination.
Justice Alexander Thomas, while setting aside the order, observed that evidences regarding the narco analysis conducted on the accused were inadmissible in terms of the Supreme Court judgment in the Selvi vs State of Karnataka case.
The Supreme Court had declared in the case that the interrogation techniques such as narco-analysis, lie-detector tests, and brain-mapping violated an accused person’s right against self-incrimination under Article 20(3), and his/her right to life and personal liberty under Article 21 of the Constitution.
The court made it clear that no witnesses shall be summoned for examination to adduce evidences relating to the narco analysis test, lie-detector test and brain mapping.
The court passed the verdict on a petition filed by Thomas Kottur and Sister Stephy, accused in the Abhaya case, challenging the CBI Special Court order rejecting their plea against the examination of the two doctor witnesses.
The CBI Special Court had issued summons to doctors N. Krishnaveni and Pravin Parvathappa for their examination with respect to the narco analysis test. The petitioners said the summons were ordered without hearing the public prosecutor or defence counsel. In fact, the final report did not mention any facts that had been discovered when they were subject to narco analysis. The petitioner also added that it would give undue benefits to the prosecution to bring in inadmissible evidence on record and would cause irreparable injury to the petitioners.
