A Sessions Court on Thursday stayed a Magisterial Court order which was asking Jawaharlal Nehru University (JNU) students to tell it whether they wanted to undergo polygraph test in connection with the case of missing varsity student Najeeb Ahmed. It has been over six months since Ahmed has been missing and Delhi Police has no clue about his whereabouts.
The nine students, who were issued notices by the Crime Branch Inspector Surender Gulia, had moved a plea before the court of Additional Sessions Judge Sidharth Sharma, through their counsel Vishwa Bhushan Arya, seeking court direction to stay the order passed by the Chief Metropolitan Magistrate Sumit Dass.
Arya, while arguing before the court, said that the CMM had no power to direct any person to undergo a lie-detector test, or to direct anyone ‘to record his or her consent or refusal’ for polygraph test. Arya cited the guidelines of the National Human Right Commission to stay the CMM's order.
“lie-detector tests can be conducted if it is volunteered. But there is difference between volunteering and being asked to volunteer. The court of the learned CMM had no jurisdiction in as much as there is no provision under the Code of Criminal Procedure where by the court of Magistrate may direct any person (including the accused) to undergo lie Detector Test and/or to direct to record its consent or refusal for lie Detector Test,” Arya argued.
The court after hearing his submission stayed the order passed by the CMM. “An application for stay of orders under challenge is invoked. Heard. For the reasons given in the applications, the orders are stayed till next date of hearing,” the court noted in its order while putting the matter for 3 May to hear argument of the Delhi police.
“By order dated March 30, 2017, the learned CMM while rejecting the contentions of the petitioners, has clarified and directed the petitioners to cause appearance before the court on April 6, 2017 and record their consent or refusal to lie detector test,” Arya argued.
On the next date of hearing the Delhi Police is also likely to file a reply on the plea of the students.