A Delhi court has allowed a plea of the police to conduct a narco analysis test on top Maoist leader Kobad Ghandy as the investigators alleged he did not cooperate with them despite having "thorough knowledge" about banned CPI-Maoist engaged in terror activities.
Chief Metropolitan Magistrate Kaveri Baweja ordered the narco test on Ghandy, a Politbureau member of the outfit, after the Delhi Police contended that it had not been able to elicit all information from him even after the use of all scientific methods of interrogation.
The court allowed the contention of Public Prosecutor Naveen Kumar who relied upon a Delhi High Court judgment stating that use of narco analysis test is of particular relevance in terror-related cases, conspiracy to commit murder and other serious offences where the investigating agency do not have vital leads.
"Admittedly, the judgment of the High Court (in Shailender Sharma's case) still holds the ground and has neither been challenged nor stayed till date," the court said.
It also relied on the opinion of a medical board of the AIIMS, which said that there was no medical evidence to suggest that Ghandy cannot withstand the narco analysis test.
Ghandy's counsel Rebecca M John, who argued that the plea of the police cannot be allowed since the Supreme Court had in November 2006 was referred the validity of narco test without consent of the accused to a larger bench and was yet to deliver the judgement did not impress the court.
The court held that the Supreme Court's reference to a larger bench did not mean that there was stay on all applications of narco analysis test.
"The outcome of this reference has still not been delivered. That being the position, I am of the view that the reference of a question to a larger Bench would not per se operate as a general or blanket stay on all applications that may be moved for conducting of narco analysis test," CMM Baweja said in the seven-page order.
The police had on October 20 filed an application before the court to allow it to conduct a narco test on Ghandy.
The court, which had directed AIIMS to constitute a medical board to ascertain Ghandy's physical fitness to withstand the test, had on October 29 reserved its order after hearing the arguments by both the sides.
An ideologue and think-tank of CPI-Maoist, Ghandy, who was arrested from the national capital on September 20, has been booked under various provisions of Unlawful Activities (Prevention) Act.
Ghandy's release, along with two other leaders, was reportedly demanded by Maoists for safe return of abducted Jharkhand Police Inspector Francis Induwar who was later beheaded near Ranchi earlier this month.
