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CHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Sushil Pathak – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. legality of coercive tests in criminal investigations. (Para 1) |
| 2. arguments against forcible testing undermining the right to silence. (Para 3 , 4) |
| 3. rights against self-incrimination and decision on non-consensual tests. (Para 6 , 9 , 10) |
| 4. affirmation of presumption of innocence and ruling on tests. (Para 11 , 12 , 15) |
| 5. conclusion affirming non-permissibility of tests without consent. (Para 13 , 16 , 17) |
1. The scientific question that emanates for consideration in this writ petition is legal permissibility of Narcoanalysis, polygraph test (lie - detector test) and BEAP (Brain Electrical Activation Profile) test to be conducted against the will and without consent of a person suspected of an offence, subjected to either of the test(s).
2. The above stated question has to be answered in the following factual backdrop:
2.1) Mr. Sushil Pathak was working as Sub-Editor in the Office of Dainik Bhaskar daily newspaper at Bilaspur. In the intervening night of 19th & 20th of December, 2010, while he was returning back to his home in the night after 12 O'clock in his Tata Indica car from Dainik Bhaskar press, he was shot dead at around 1.20 a.m. near his house by some unk
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