The Hindu : Front Page : High Court nod for narco test

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Thursday, Jun 25, 2009
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High Court nod for narco test

Kochi: The Kerala High Court on Wednesday upheld the order of the Ernakulam Chief Judicial Magistrate permitting the CBI to conduct a narco-analysis test on Sister Sherly, Achamma, and Thressiamma in connection with the Sister Abhaya death case. They were the inmates of the hostel where Sr. Abhaya was found dead in a well.

Justice M. Sasidharan Nambiar upheld the order while dismissing their petitions challenging the magistrate court order. Dismissing the petitions, the court said the test would aid the investigation agency in its probe. The investigation agency should be allowed to explore all the avenues permissible under the law to arrive at the truth. It should be borne in mind that this was a case which was being investigated by different agencies for the last several years and was keenly watched by the public in their anxiety to see that the truth was unravelled and justice done. If the test yielded some positive results which could aid the investigation agency, it was to be permitted. The stiff resistance of the petitioners to the test could not be appreciated. It was for their benefits that they should disclose all the relevant information known to them.

The court held that no material based on proper scientific study was placed to hold that the test posed a health hazard.

The court said that the Supreme Court had not banned the conduct of the narco-analysis test.

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