The Supreme Court ruling today rejecting the legality of narcoanalysis, brain mapping and polygraph tests if they are done without the consent of suspects, could bring reprieve for Satyam Computer Services founder B Ramalinga Raju and two of his associates.
A bench headed by Chief Justice K G Balakrishnan said no individual could be forced and subjected to such techniques involuntarily. Raju, and his associates — former managing director B Rama Raju and former chief financial officer Vadlamani Srinivas — who are being investigated by the Central Bureau of Investigation (CBI) had not given their consent for the tests.
The CBI had earlier filed a petition in a lower court to conduct polygraph and brain mapping (F300 testing) tests on the accused. The investigators had pleaded before the court that scientific tests were necessary to aid the investigation.
Last month, a two-member bench of the Andhra Pradesh High Court had delivered a split verdict on a petition filed by Ramalinga Raju challenging a local court’s order that he and two other accused be subjected to a polygraph (lie detection) test and brain mapping (F-300).
Following the split verdict, it was decided that the case be presented before a third judge. It allowed the petition but said that the tests should be done by forensic and medical experts in presence of the defence lawyers at the Andhra Pradesh Forensic Laboratory at Hyderabad.
It further set conditions that any self-incriminating statement, if made by the accused, could not be used or relied upon by the prosecution. It also said that a full medical and effectual narration of the incident must be recorded.
Raju’s counsel told the court that he was suffering from cardiac problems and blood pressure and the tests would put him under undue stress. “We will wait for the apex court order and then think of the options available,” said CBI prosecutor Bhalla Ravindranath.
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