I wrote Rape of the mind about five months ago, as a layman in legal matters. This was about the legality of narco tests. I argued that the procedure leads to the violation of a Constitutional protection, against self incrimination. Indeed, I also extended it to violation of due process; how can the witness for the prosecution, the accused under narco test conditions, be cross examined by the defense, the accused in a freer state? That, I said, is an irreconcilable conflict. This argument, and its putative resolution of making narco tests illegal within the criminal justice system, came to mind on its own, a sort of low level sui generis, after I heard about these to be or having been administered to Pragnya Singh Thakur.
I have remained a layman but the issue is being debated in more rarified circles, for example here, almost immediately after I posted my piece. That was a blow to my thinking, coming from the Delhi High Court, which while agreeing that there is a possibility of such violation still found narco tests valid, after grading the levels of crime. To my mind, that looked indecisive, especially coming from the higher, if not the highest, levels of the judiciary. I kept silent.
But now my silence is broken and I do not take credit for it. The noise is found in a recent news item. A Chief Judicial Magistrate (CJM) in Jaipur, whose position in the judicial hierarchy , though lower than the Delhi High Court, is significantly higher than that of the layman, me.
In refusing permission for a narco test to the Anti Terrorism Squad in the case of Saif-ur-Rehman in the Jaipur serial blasts case, the CJM took recourse to the constitutional provision of Article 20(3), the basis of my arguments earlier.
It is funny to read that the CJM referred to the Supreme Court not having decided on the issue but the Delhi High Court yet went ahead endorsing the procedure. Of course, there is a difference in the nature of the crimes: the Supreme Court is dealing with white-collar crimes, the Delhi High Court is on to a possible rarest of rare crime. Even so.
I anticipated the CJM by about five months. As I am not sure how the issue will play out, I am now claiming, I told you so, but with the caveat of “almost”
Raghuram Ekambaram
2 comments:
Raghu, there is nothing like being 'half pregnant'. Either narco-test is legally admissible or it is not legally admissible, "show me the man (kind of case-white collar or criminal) and I will show you the rule( narco test admissible or not)" is totally arbitrary, undoubtedly. The stature of the judge or the court is immaterial, it is a matter of principle.
Wish you would re-consider hopping back to blog in Sulekha. :).Miss you there.
Thanks Aditi for endorsing the basis of my thinking.
Raghuram Ekambaram
Post a Comment