Sacked RPF constable Chetan Singh Chowdhary, accused of shooting dead four persons in a moving train, has been refused a narco test by a magistrate’s court in his reasoning that the accused person has a fundamental right to remain silent. The Government Railway Police (GRP) had sought the approval of the Borivali Magistrate Court to subject the accused Choudhary to narco test, brain mapping and polygraph.
The court, in its order passed on August 11, said that an accused cannot be compelled to undergo such tests merely for the sake of smooth investigation. The detailed order of the court became available on Friday. The accused is currently in judicial custody and lodged in a jail in neighboring Thane district. The prosecution had argued that he was accused of a serious offense and narco and other tests were necessary to complete the investigation. Chowdhary’s counsel Surendra Landge, Amit Mishra and Jaywant Patil opposed the application, contending that narco test is violative of fundamental rights and cannot be conducted if an accused is not ready to undergo it.
The Magistrate referred to an order of the Supreme Court and said that if we read the entire judgment in depth, it clearly shows that only in extenuating circumstances, that too with the consent of the accused, the test can be conducted. But, there is no scope to compel the accused to be tested without his consent. The accused is not prepared for such trials to protect his fundamental rights, therefore the application deserves to be dismissed.
The court also said that it is the fundamental right of the accused to remain silent. The incident took place on July 31 on the Jaipur-Mumbai Central Express near Palghar railway station in Maharashtra. It is alleged that Chaudhary (34) had shot dead his senior officer, assistant sub-inspector Tika Ram Meena, and three passengers.
