Mumbai train firing: Court denies permission for narco tests, says to remain silent is fundamental right

File Photo/PTI

A magistrate's court in Mumbai has denied permission to subject dismissed Railway Protection Force (RPF) constable Chetansinh Chaudhary, accused of shooting four people on a moving train, to narco tests. The court's reasoning is based on the principle that an accused person's right to remain silent is a fundamental right and cannot be violated.

The court's order, issued on August 11, emphasizes that an accused cannot be forced to undergo narco tests, brain mapping, or polygraph tests solely for the purpose of "smooth investigation." The Government Railway Police (GRP) had requested permission from the Borivali magistrate court to conduct these tests on Chaudhary.

He is currently in judicial custody, lodged in a jail in neighbouring Thane district.

The prosecution had said that he was accused of committing a serious offence and to complete the investigation, narco and other tests were necessary.

Chaudhary's lawyers Surendra Landage, Amit Mishra and Jaywant Patil opposed the application, saying that narco tests are a violation of fundamental rights and cannot be conducted if an accused does not consent to undergoing them. The court said in the order that the accused was, admittedly, arrested in connection with a heinous crime.

Referring to a Supreme Court judgement, the magistrate noted, "If we minutely go through the entire judgment, it clearly reveals that only in external circumstances, that too with the consent of the accused, a test can be conducted. But, there is no room for compelling the accused to go for a test without his content. Since the accused is not ready to face such tests, to protect his fundamental rights, the application deserves to be rejected."

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The court further said that to remain silent is a fundamental right of an accused. "In my opinion, only for the smooth investigation the permission cannot be granted," the court added.

The grisly incident took place on July 31 aboard the Jaipur-Mumbai Central Express near Palghar railway station in Maharashtra.

Chaudhary (34) allegedly shot dead his superior officer, RPF Assistant Sub-Inspector Tika Ram Meena, and three passengers. (Agencies)