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Rahul moves court against test order

Staff Reporter

`Lower court order is unconstitutional'


  • Lower court order an attack on my privacy: Rahul
  • On June 29 special court allowed police plea to conduct test

    NEW DELHI: Rahul Mahajan, son of slain Bharatiya Janata Party leader Pramod Mahajan, on Tuesday moved the Delhi High Court against a trial court order allowing the Delhi police's plea for conducting a brain mapping test on him in the drug abuse case.

    In the petition, Mr. Mahajan said the lower court order was an attack on his personal liberty and privacy. He submitted that the lower court order was unconstitutional and the test had no evidentiary value.

    The petition is likely to come up for hearing on July 20.

    A special court here on June 29 allowed the police plea to conduct the test on Mr. Mahajan. Mr. Mahajan's counsel opposed the prosecution's request in the lower court on the ground that the test would harm his client.

    However, the court dismissed his argument saying that it was a harmless test in which three types of questions were put to an accused and an electroencephalogram of his brain was conducted and no medicine was administered. As the prosecution had complained that Mr. Mahajan was not cooperating in the investigations and had even refused to sign his disclosure statement made to the police as submitted by Chief Public Prosecutor B.S. Joon, it should be given all opportunities under the law to investigate the case and unearth the truth, the order said.

    Initially, the prosecution sought permission for conducting narco-analysis also. But, subsequently it withdrew the request for the test..

    Mr. Mahajan is out on bail in the case.

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