CBI denied court nod for narco test in RG Kar case as accused refuses consent
The CBI had moved a court in Kolkata seeking permission to subject Sanjay Roy, accused of raping and murdering a 31-year-old doctor at RG Kar Hospital, to narco analysis
A court in Kolkata didn’t give permission to the Central Bureau of Investigation (CBI) to subject Sanjay Roy, accused of raping and murdering a 31-year-old doctor at Kolkata’s RG Kar Medical College and Hospital, to narco analysis after Roy refused to give his consent for the test.
The federal agency had moved an additional chief judicial magistrate (ACJM) court in Kolkata seeking permission to subject Roy to narco test in a laboratory in Gujarat. Roy was produced in the court for a closed-door hearing for his consent on Friday and he gave a statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
“Roy refused to give his consent for the test in his statement to the magistrate. Hence the court didn’t give permission to the CBI. According to a Supreme Court order, it was mandatory to take Roy’s consent,” said Kabita Sarkar, Roy’s counsel.
In 2010, the Supreme Court held that naro-analysis tests cannot be conducted without the consent of the accused. Narco analysis does have legal validity, but courts can grant limited admissibility after considering the circumstances under which it is conducted.
People aware of the matter said that Roy had reportedly earlier given his consent to the CBI during interrogation to undergo the test. He, however, refused to give consent in front of the ACJM when he was produced in the court on Friday. Roy was explained the process for naro-analysis during the hearing in the presence of his lawyer.
“There is a certain risk factor in this test. Also, if the test was conducted in Gujarat, we wouldn’t have gone there and remained present. Hence, I objected,” said Sarkar.
The CBI has conducted a polygraph test on Roy and a few other people in this case.
The 31-year-old trainee doctor was allegedly raped and murdered at RG Kar Medical College and Hospital on August 10. The next day Kolkata Police arrested Roy and named him as the prime accused. Roy has claimed innocence and said he was being framed. On August 23, the Calcutta high court handed over the probe into the case to the CBI.