In view of a Supreme Court judgement, a lower court here on Wednesday directed for production of arrested Dhalsamant brothers before it to elicit their consent for subjecting them to polygraph test as sought by the Commissionerate police.
The Cuttack Sadar SDJM Court directed the police to produce the arrested brothers before it on Thursday. Sushil Dhalsamant and his elder brother Sushant are now on police remand after they were arrested on January 29 in connection with an alleged abduction and murder of two criminals, who have gone missing since December 2012.
The Chauliaganj police inspector Ajay Kumar Das had prayed the SDJM court seeking permission to conduct polygraph test on the arrested duo for the purpose of investigation. “For sake of prosecution of the case, both the brothers were brought on police remand and during interrogation, they are lying and not disclosing the fact of the case,” Das had said in his prayer.
Objecting to the police prayer, the advocate of the brothers Soura Chandra Mohapatra argued that the apex court in the case of Smt Selvi V/s. The government of Karnataka in 2010 has laid down the law regarding the procedure for polygraph test in which the consent of the accused must be taken before allowing the prayer of the prosecution. He also argued that there is no provision in CrPC allowing the prosecution to conduct polygraph test on the accused.
Mohapatra brought to the notice of the court about some media reports questioning as to how the investigating police officer is claiming that the accused brothers are lying and not disclosing the fact of the case, when senior police officers of the Commissionerate in media are claiming that the accused have already confessed of abducting and murdering the missing criminals.
Meanwhile, a rights activist moved the High Court in a PIl on Wednesday seeking a CBI enquiry into the whole episode of arrest of the Dhalsamant brothers and their political link. Stating that huge cache of arms and ammunition, which are used by defence forces, are seized from the arrested brothers, a CBI enquiry would reveal the involvement of influential persons behind them, the petition said.