Delhi HC to pass order on narco tests

The Delhi High Court is likely to pronounce its order on Monday on a PIL seeking directions to police to ask complainants about their willingness to undergo scientific tests like narco, polygraph and brain mapping during the investigation to prove their allegations in a bid to control "fake cases".

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, which had reserved its order on the public interest litigation (PIL) matter on May 15, is scheduled to pass the verdict on Monday.

During the hearing earlier, the court had said "we are not lawmakers" and that the petitioner has to establish his case on merits.

Petitioner Ashwini Kumar Upadhyay, a lawyer, has sought directions to police to ask the complainant "whether she is willing to undergo scientific tests like narco analysis, polygraph and brain mapping during the investigation to prove her allegation" and record her statement in the First Information Report (FIR).

The petitioner has said similar directions be issued in respect of an accused and his or her statement be recorded in the chargesheet.

He has said this will work as a deterrent and reduce fake cases.

The petitioner has also sought directions to the law commission to examine the best practices of developed countries and prepare a detailed report to control fake cases and reduce police investigation time and precious judicial time.

The plea has said this will also save the public money spent on investigation and trial and secure the right to life, liberty, dignity and justice of thousands of innocent citizens who are under tremendous physical and mental trauma and financial stress due to fake cases.

It has arrayed as parties the Union ministries of Home Affairs and Law and Justice, the Delhi government, the law commission, the Central Bureau of Investigation and the Delhi police commissioner.