Mangaluru, June 28, 2016: Main accused Naresh Shenoy, who is in custody as per police reports, have sought permission of the III Judicial Magistrate First Class Manjunath to subject him to polygraph, brain mapping and narco analysis tests in connection with the murder of RTI activist Vinayak Baliga.
Assistant Commissioner of Police (Central) K. Tilakchandra, the investigation officer in the case, filed the application seeking permission to conduct the tests. This application was filed along with the plea seeking police custody of Naresh Shenoy, who was arrested on June 26, Sunday.
Elaborate Guidelines : Laying down the guidelines on the process to be followed, the apex court had ruled that no individual can be forcibly be subjected to any of these techniques whether in context of investigation in criminal cases or otherwise. In its landmark ruling in Criminal Appeal 1267 of 2004, the apex court said no accused should be subjected to these tests except on strict consent.
It also said that the accused should be given access to a lawyer. He or she should be made clearly aware of the physical, emotional and legal implication of such tests. The accused should be told that the statements made in the tests will be of the status of statement before the police and will not amount to ’statement made before the magistrate’.
Narasimha Hegde, advocate for Naresh Shenoy, said that an elaborate procedure was involved in getting the permission of the Magistrate for the tests. Objections to the application by the police will be filed shortly, he said. Magistrate Majunath will be hearing this application again on June 30.