Court rejects plea for narco-analysis of two accused of harbouring Pahalgam attackers

A special court rejected the plea of National Investigation Agency (NIA) for narco-analysis and polygraph test of two persons arrested in the Pahalgam terror attack case.

The court rules that the “scientific techniques” would violate the right against self-incrimination. The two accused were identified as Bashir Ahmad Jothatd and Parvaiz Ahmed. The terror attack of April 22 in which 26 people civilians were killed drew criticism from across the world. Different countries expressed solidarity with India in wake of the dastardly attack after which the country launched “Operation Sindoor” attacking terror infrastructure in Pakistan. Bashir and Parvaiz were arrested for providing shelter to terrorists involved in the Pahalgam attack.

“Today, both the accused have been produced in a court. Both have submitted in the open court that they are not willing to undergo polygraph or narco analysis test,” the court stated in its six page order.

While the order was passed on August 29, its details came to the light only on Thursday. As per the order, the NIA’s chief investigating officer approached the court seeking permission to conduct a polygraph test and narco analysis of the two accused.

The Deputy Legal Aid Defence Counsel rebutted the NIA’s claims that Jothatd and Ahmed had voluntarily agreed to tests. The counsel stated 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 the scientific techniques such as narco-analysis and polygraph examination test will violate the ‘right against self-incrimination enumerated’ in the Constitution,” the court stated 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.

As per NIA, the two accused knowingly harboured three armed terrorists at a seasonal dhok (temporary shelter of nomadic) at the Hill Park before the attack targeting tourists in the Baisaran valley in the upper reaches of Pahalgam. “The two men provided food, shelter and logistical support to the terrorists, who had, on April 22 afternoon, selectively killed 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 probe in the case is going on,” the NIA had stated after their arrest. — OC