Delhi HC dismisses PIL seeking willingness of complainants to undergo polygraph, narco test

New Delhi: The Delhi High Court on Monday rejected a PIL seeking directions to the police to ask the complainants about their willingness to undergo scientific tests like narco analysis, polygraph and brain mapping during an investigation to prove allegations.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed the petition by advocate Ashwini Kumar Upadhyay.

The court had reserved verdict on the plea on May 15.

During a hearing on the PIL, the high court had earlier said “we are not lawmakers” and that the petitioner has to establish his case on merits.

Upadhyay had sought directions to the police to ask the complainant “whether she is willing to undergo scientific tests like narco analysis, polygraph and brain mapping during an investigation to prove her allegation” and record her statement in the First Information Report (FIR).

The petitioner had said similar directions be made in respect of an accused and his or her statement be record in the charge sheet.

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

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