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2023 Supreme(Del) 4788

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Ashwini Kumar Upadhyay – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Petitioner-in-person.
Mr. Chetan Sharma, ASG with Mr.Anurag Ahluwalia, CGSC with Mr. Kritagya Kumar Kait, GP, Mr. Amit Gupta, Mr. Saurabh Tripathi, Mr.Aakarsh Srivastava, Advocates, for the Respondent-1, 2 & 4.
Mr. Santosh Kumar Tripathi, Standing Counsel for GNCTD with Mr. Arun Panwar, Mr. Kartik Sharma, Advocates, for the Respondent-3 & 6.

JUDGMENT

1. The instant Public Interest Litigation has been filed under Article 226 of the Constitution of India for a direction to the Police to subject a complainant to undergo scientific tests like Narco Analysis, Polygraphy and Brain mapping during the investigation to prove the allegation and only then record his/her statement in order to control fake cases to secure right to life, liberty, dignity and speedy justice.

2. A perusal of the Writ Petition shows that the present Writ Petition has been preferred by the Petitioner when he came across a case wherein a complaint was filed against a journalist under the SC-ST Act though the complainant and the accused did not know each other. According to the Petitioner, the journalist has been harassed and humiliated and had the complainant undergone a brainmapping test before the start of the investigation, the journalist would not have to undergo the humilation or arrest. It is stated by the Petitioner that with the growth of technology, scientific tests like Narco Analysis, Polygraphy and Brain Mapping, etc., can be used to wipe out fake cases. It is stated that such techniques are used in developed countries like USA, China, Sing

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