Jammu court rejects NIA plea for polygraph test on men accused of harbouring Pahalgam attackers
The involuntary use of the investigation technique would violate their right against self-incrimination, said the bench.
A court in Jammu has rejected a plea by the National Investigation Agency to conduct a polygraph test, or a lie detection test, on two men arrested in connection with the Pahalgam terror attack, The Indian Express reported on Thursday.
The “involuntary administration of scientific techniques such as narco-analysis, polygraph examination test” would violate Article 20(3) of the Constitution, the newspaper quoted a bench of Special Judge Sandeep Gandotra as saying.
The article holds that no person accused of an offence can be compelled to be a witness against themself.
The court said that the right was meant to ensure that the statements admitted as evidence were voluntary and reliable, The Indian Express reported.
Invoking “compelling public interest” cannot justify the violation of constitutional rights, the newspaper quoted the bench as saying.
In June, the National Investigation Agency arrested Parvaiz Ahmad Jothar and Bashir Ahmad Jothar in Jammu and Kashmir for allegedly harbouring the terrorists who carried out the attack in Pahalgam on April 22.
The investigative agency alleged that the two men had “knowingly harboured the three armed terrorists at a seasonal dhok [hut] at Hill Park before the attack”. They had provided food, shelter and logistical support to the terrorists, it alleged.
Parvaiz Ahmad Jothar and Bashir Ahmad Jothar were arrested under Section 19 of the Unlawful Activities Prevention Act, the agency said. The provision lays out the punishment for harbouring or concealing terrorists.
The terror attack at Baisaran near the town of Pahalgam left 26 persons dead and 16 injured. The terrorists targeted tourists after asking their names to ascertain their religion, the police said. All but three of those killed were Hindu.
In retaliation, the Indian military on May 7 carried out strikes – codenamed Operation Sindoor – on what it claimed were terrorist camps in Pakistan and Pakistan-occupied Kashmir.
The Pakistan Army retaliated to Indian strikes by repeatedly shelling Indian villages along the Line of Control in Jammu and Kashmir. At least 22 Indian civilians and eight defence personnel were killed.
On May 10, India and Pakistan reached an “understanding” to halt firing following a four-day conflict.
