Kolkata rape-murder case: Court rejects CBI plea to administer narco test to accused Sanjay Roy
Sep 13, 2024
Kolkata (West Bengal), September 13 : The Sealdah court on Friday rejected the prayer of CBI for administering a narcoanalysis test to Sanjay Roy, the accused in the RG Kar Hospital case.
The accused was presented before the Sealdah court for a closed-door hearing today. The consent of the accused was also being sought for the narco test, as it is mandatory. Earlier, Roy, along with the principal of R G Kar College and others, had undergone a polygraph test.
"Accused Sanjay Roy didn't give his consent for Narco analysis test. So, as per law, this is unconstitutional and against his fundamental rights. As per the judgement of 2010 Karnataka case , the Supreme court said regarding narco analysis test that without consent, no accused can't undergo these tests. This is unconstitutional, and the privacy of the accused will breached," said the court.
The Supreme Court of India ruled in the Selvi vs. State of Karnataka case, that the use of narcoanalysis, brain mapping, and polygraph tests on suspects without their consent is unconstitutional. The court held that these techniques violate the 'right against self-incrimination' under Article 20(3) of the Constitution and the 'right to privacy' under Article 21. The final judgement was that any evidence obtained through these methods without voluntary consent could not be admitted in court, thereby setting a powerful legal precedent regarding the admissibility of evidence and the protection of personal liberties in India.
Earlier, Communist Party of India (Marxist) party workers staged a protest in Kolkata and demanded justice in the RG Kar Medical and Hospital rape-murder case.
Meanwhile, junior doctors have continued to protest against the rape and murder of the second-year PG student in the seminar hall of the college on August 9. They held their protest in front of the Swasthya Bhawan.
On Thursday, Bengal Chief Minister also announced that she is ready to resign from her post amid the continuing protests.
"I am ready to resign from the Chief Minister of West Bengal. I am not concerned about the post. I want justice for the victim, I am only concerned about ordinary people getting medical service," the CM said.
She also assured that no action would be taken against the protesting doctors.
Bengal Governor C V Ananda Bose had also said before that he would "socially boycott" Mamata Banerjee, whom he dubbed "Lady Macbeth of West Bengal."
"In solidarity with the Bengal society, I resolve that I will socially boycott the Chief Minister. Socially boycotting means I will not be sharing any public platform with the Chief Minister nor will I participate in any public program which involves the Chief Minister. My role as Governor will be confined to the constitutional obligations. Nothing more, nothing less," the Governor said in a video message released on Thursday.