Court clears Chandra for lie detector test
14 Dec 2012 10:11 AM GMT
Zee Group Chairman Subhash Chandra’s plea for undergoing lie detector test on the advice of his doctors and in the presence of his lawyer was allowed by a Delhi court in a case of alleged Rs 100 crore extortion bid from Congress MP Navin Jindal’s firm.
However, the court rejected the plea of Delhi police to subject the two arrested Zee News Editor Sudhir Chaudhary and Zee Business Editor Samir Ahluwalia for the polygraph test as they refused to give their consent.
Allowing the plea of Chandra, Metropolitan Magistrate Gaurav Rao said, ‘As far as accused, Subhash Chandra is concerned, he has consented for the test. I have gone through his statement.
‘In terms of his statement as well as in terms of input provided by Dr Asha Srivastava, Senior Scientific Officer..., which have been made aware to the accused, the accused shall consult his doctor and thereafter undergo the test.
‘The test shall be conducted... the accused shall have the right to take along with him his counsel.’
Dismissing Delhi police’s plea for subjecting Chaudhary and Ahluwalia to a lie detector test, the court said, ‘In terms of the statement made by the accused, Samir and Sudhir wherein they have not consented to undergo the lie detector test...the application of IO is dismissed as the accused persons cannot be forced or compelled to undergo the same as it violates the right against self incrimination.’
‘Article 20 (3) of the constitution protects their right,’ it added.
A third bail application was moved by the two Zee editors in the Sessions court, which is likely to hear the matter tomorrow.
Their two bail applications were earlier dismissed by the trial court on 28 November and 3 December.
During the day’s proceedings, Chandra had appeared before the court following its Wednesday’s direction and said, ‘I voluntarily give my consent for lie detector test to establish my innocence. However, I am 62-year-old and I am suffering from old age ailments. I need to consult my doctors in US/London before undergoing the test in question. I may also be informed of the exact nature of the test.’
The special public prosecutor Rajiv Mohan has opposed his submissions saying the test is a non-invasive technique as nothing will be inserted inside the human body.
Mohan also said that Chandra can go for his test along with the doctor of his choice.
Both Chaudhary and Ahluwalia, who have been remanded to judicial custody till 22 December, have been booked under sections 384 (extortion), 120 B (criminal conspiracy) and 511 (punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment) of the IPC.
However, the court rejected the plea of Delhi police to subject the two arrested Zee News Editor Sudhir Chaudhary and Zee Business Editor Samir Ahluwalia for the polygraph test as they refused to give their consent.
Allowing the plea of Chandra, Metropolitan Magistrate Gaurav Rao said, ‘As far as accused, Subhash Chandra is concerned, he has consented for the test. I have gone through his statement.
‘In terms of his statement as well as in terms of input provided by Dr Asha Srivastava, Senior Scientific Officer..., which have been made aware to the accused, the accused shall consult his doctor and thereafter undergo the test.
‘The test shall be conducted... the accused shall have the right to take along with him his counsel.’
Dismissing Delhi police’s plea for subjecting Chaudhary and Ahluwalia to a lie detector test, the court said, ‘In terms of the statement made by the accused, Samir and Sudhir wherein they have not consented to undergo the lie detector test...the application of IO is dismissed as the accused persons cannot be forced or compelled to undergo the same as it violates the right against self incrimination.’
‘Article 20 (3) of the constitution protects their right,’ it added.
A third bail application was moved by the two Zee editors in the Sessions court, which is likely to hear the matter tomorrow.
Their two bail applications were earlier dismissed by the trial court on 28 November and 3 December.
During the day’s proceedings, Chandra had appeared before the court following its Wednesday’s direction and said, ‘I voluntarily give my consent for lie detector test to establish my innocence. However, I am 62-year-old and I am suffering from old age ailments. I need to consult my doctors in US/London before undergoing the test in question. I may also be informed of the exact nature of the test.’
The special public prosecutor Rajiv Mohan has opposed his submissions saying the test is a non-invasive technique as nothing will be inserted inside the human body.
Mohan also said that Chandra can go for his test along with the doctor of his choice.
Both Chaudhary and Ahluwalia, who have been remanded to judicial custody till 22 December, have been booked under sections 384 (extortion), 120 B (criminal conspiracy) and 511 (punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment) of the IPC.
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