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Tuesday, Jul 21, 2009
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Shopian case: narco test stayed

J. Venkatesan

NEW DELHI: The Supreme Court on Monday stayed the Jammu and Kashmir High Court’s direction to conduct narco-analysis test on the two police officers arrested in connection with the alleged rape and murder of Neelofar Jan and Aasiya Jan from Shopian.

A Bench of Chief Justice K. G. Balakrishnan and Justice P. Sathasivam also issued notice to the State government and the Jammu and Kashmir High Court Bar Association, the petitioner before the High Court, on the special leave petition filed by the police officers.

Superintendent of Police Javed Iqbal Mattoo and Deputy Superintendent of Police Rohit Baskotra said that the July 15 High Court order was passed against them without making them party to the petition filed by the Bar Association.

Appearing for the petitioners, senior counsel Mukul Rohatgi said the High Court order directing their arrest and bail applications should be filed directly in the High Court was unheard off.

The High Court had also ordered collection of blood samples for a DNA test and directed narco-analysis test without their consent. No notice was given to them, nor were they made parties to the petition filed by the Bar Association. He pleaded for grant of bail to the officers and stay of the narco-analysis test.

Senior counsel Harish Salve, appearing for the State, said that if police officers behaved like criminals then such orders would have to be passed. They had been arrested on charges of rape, he said and sought time to file reply.

The Bench posted the matter for hearing on Friday.

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