S.O.S - eVoice For Justice - e-news weekly
Spreading the light of humanity & freedom
Editor: Nagaraj.M.R....... vol.5 . issue.18 .........02/05/2009
EDITORIAL: FREEDOM OF THE PRESS Vs AUTOCRACY
Freedom is the inherent quality, natural trait of every human being
to carve out his own destiny. It is the resultant urge of everyone to
secure release from squalor, hunger, poverty and ignorance. Freedom -
urge to get oneself free from material wants/needs. This urge itself
makes human being inquisitive , persevere, plan, innovate, act &
achieve his goals . based on these in -born natural traits of a human
being - a level playing field is spread out for every one to secure
freedom from material wants. That level field is the DEMOCRACY. As
there is a boundary line to the field, there are certain limits -
social, cultural & statutory to the democracy, with in the
boundaries, there is a level playing field for growth to every one
i.e. freedom, guarding one-self & his fellows not to cross that limit
is " Responsibility/ Duties". As there are four corner stones to a
field, there are Legislative, Executive, Judiciary & the enlightened
citizens or press.
This in-born urge to freedom is therefore a natural birth right, a
human right. Democracy-the system of governance based on the natural
traits of human beings and ensuring their organic growth, is built
upon this very foundation. Thus The Constitution of
rightly incorporated it in letter & spirit , in the very first page
as the pre-amble & the fundamental rights. The boundary line, the
limit is the " Fundamental Duties / Responsibilities". one of these
fundamental / human rights is " Freedom of Speech & expression (Right
to Information) " As per the constitution of India nobody the
President, Prime minister, Chief Minister, Speaker, Judges nor a
Journalist has special rights which makes him superior to a citizen
of India, under special, critical circumstances constitutional
functionaries are empowered with special privileges only to safeguard
the democratic set-up, to safe guard the unity & integrity of the
nation but not to make themselves superior & to subjugate his fellow
citizens into slavery.
Nowadays due to widespread criminalisation - unwanted elements have
entered into corridors of power - politics, bureaucracy & Judiciary.
From the seats of power they are running their criminal dens. Media /
press expresses the collective voice of the citizens and is the
source of information to the citizens. As more & more media reports
came out informing the people about the misdeeds / crimes of powers
that be and collectively expressed the anguish of the people,
criminals in power started feeling the heat, until the people were
ignorant about the crimes committed by powers that be until the
people were disunited / lacked collective voice, the criminals in
power were making windfall profits through their crimes. So the
information of their crimes must not reach the people - It is the key
to their riches . So some of these constitutional functionaries
physically assaulted media persons, got them beaten - up & even
murdered the dissenting media / human rights activists. The speakers
of the various state legislatures and of the parliament, started
censoring the diatribes of peoples representatives from the records
of proceedings of the house, live telecasts of the proceedings of the
house are fully censored. Most of the M.L.A.s M.Ps. are not even
aware of their duties. They don't even attend the house punctually.
Some of these members behaviour is against the dignity & decorum of
the house. All these misbehaviour of M.Ps & M.L.As were widely
reported in the media. So the criminals - the powers that be invoked
the special privileges under the normal circumstances itself and
choked , strangulated the throat of source of information /
expression - The Media / press.
Nowadays it is becoming frequent with Judges & the people's
representatives, to slap contempt proceedings "Against Journalists &
citizens" who demand information / accountability & against those who
speak - out against the crimes of Judges, MPs & M.L.As. Even if one
struggles through all hardships & tries to legally prosecute those
criminals, they escape legal prosecution / conviction through "Legal
Immunity Privileges". The recent cases are the "Roost resort case
involving Karnataka High Court Judges" where in the Karnataka high
Court slapped contempt proceedings against various news publications
and the Tamil Nadu legislative assembly speakers arrest warrant
against the journalists of The Hindu" & "Murusoli".
Now a time has come to clearly demarcate, define under what
circumstances these special privileges / Legal immunity privileges
accorded to the constitutional functionaries can be exercised. Also
certain sections of the constitution of India like the tenth schedule
the directive principles of the government, official's secret act
Reservation Policy, Article 370, various non-uniform civil codes
etc., which are at present non- justifiable are all together shaking
the very foundations of democracy. Thereby suppressing the natural
trait of human being to be free & destroying the level playing
field . Free- flow of information is the life-line of a functioning
democracy. Ensure , protect & preserve it.
JAI HIND VANDE MATARAM
Your's Sincerely,
NAGARAJ. M.R.
NARCO-ANALYSIS – RIGHT OR WRONG?
The advances in science must be used by the police to find out the
truth, to solve the mysteries of the crimes. It is the better option
for both investigation / interrogation than the classical
interrogation method involving third degree torture, where in the
accused breaks -down & blurts out the truth, usually, in most of the
cases innocents unable to bear the torture confesses to the crimes
they have not at all committed. The scientific tools of interrogation
namely Narco-analysis . Brain mapping & polygraph Tests must be made
mandatory for interrogation. The perpetrators of third degree torture
i.e. Police Military personnel must be punished severelly. Not just
on innocents, even on proven criminals police have no rights to
torture. It is grossly inhuman & illegal.
At present, there is certain bias in the usage of scientific
interrogation tools:-
1) Generally everybody is afraid of police & their corrupt practices.
Even innocent persons are frightened of false fix-ups & third degree
torture by police. This fear shows up in their heightened anxiety
level, changes in their blood pressure, respiration, heart-beat etc.,
There are chances of misinterpreting this as the "Fear of a criminal
of being caught".
2) These scientific tools are in the hands of police only. Therefore
it is biased towards the police or prosecution in a case. Forensic
science labs where these scientific interrogations are conducted are
under the control of Police department . Fundamental objective of
police is to prove their case, the prosecutions stand point rather
than finding out the truth. Sometimes, the stand points of
prosecution police are influenced by caste, political & monetary
considerations. This bias reflects in the preparation of
the "Questionnaire by the Interrogator" The interrogator if he wants
to bring out a negative image of the accused before the court, he
prepares the questionnaire such that only negative issues come out as
the answers. If the accused has got political patronage & has paid
hefty bribe to the police questionnaire is prepared such as to bring
out a positive image, to highlight innocent image of the accused.
Leaving out all other related questions, which brings out truth, a
negative image of the accused. The police are the one who decide the
fate, destiny of the accused.
3) Every human being has two personalities with in his sub -
conscious mind one personality is evil, selfish & craves for all
material pleasures. The other personality is good , humane & sociable
one. Whenever an issue comes up before a human being , whenever a
human being sees, reads or hears a subject two opinions are
formulated about it by him. One by his evil, selfish ego the other by
his good, humane self .A perfect human being, a social being is one
who controls his mind, contains the evil influences of his selfish
self and follows the guidance of his good self. This readily
expresses itself through good humane social actions. A criminal is
one who does not have control over his mind and acts according to the
evil guidance of the selfish self.
There are chances of mis-interpretation during scientific
interrogation . If you expose only evil self you will get a negative
image or else if you expose only the good self you will get a
positive image of the accused. For a balanced view, you have to see
the both evil-self & good self of the accused together with his past
& present actions.
4) At present only it is the prosecution who can use these scientific
interrogation facilities, but not the defence.
In the fake stamp paper scam during Narco Analysis , king pin Mr.
Karim Lala Telgi blurted out the truth - gave out the names of his
VVIP accomplices, Police accomplices, his business details, so far so
good.
Hereby I do request you to order both the union government & all
state governments :-
1) To keep the forensic science laboratories under the control of
autonomous bodies like National Human Rights Commission.
2) To make the scientific facilities of interrogation available for
both the prosecution & the defense of course, for a fee.
3) To enact legislation to subject the corrupt investigating officer,
corrupt public prosecutor, corrupt presiding judge of the case, etc.,
to scientific interrogations, by both the defense & prosecution.
4) To factor in the allowances for the natural fear for police (for
their corrupt, ruthless, devil face).
5) To create an unbiased impartial atmosphere free of fear or favor
to conduct the scientific interrogation.
6) To enact guidelines for scientific interrogation for framing
questions to bring out both good & evil self in the sub conscious to
have a balanced view of the man under question together with his past
& present actions .
7) To make it mandatory for all cases including VVIPs .
In various cases scams, involving VVIPs cases drag on for years.
Public money is wasted through waste of deliberations of the house (
Parliament, Legislative Assembly), Waste through constitution of
Parliamentary committees , Judicial commissions, why not all those
VVIPs accused of involvement in scams subjected to tests like Narco
analysis, poly graph, Brain finger printing etc., So that L K Advani
& Murali Manohar Joshi will tell about Babri Masjid demolition, Sonia
gandhi family will tell about Bofors, George Fernandese about
Tehelka, P V Narasimha Rao about Jain Diary, Forgery case , Sukharam
about Telecom purchases, Lallo Prasad Yadav about fodder scam. The
scam tainted VVIP list goes on. Why not these VVIPs are subjected to
scientific interrogation with unbiased questionnaire?
FAKE ENCOUNTERS , LOCK-UP DEATHS & 3RD DEGREE TORTURE BY POLICE IN
Recently, it has been reported in the media , how in gujarath state high ranking police officials took SUPARI to murder & committed the murders by giving it the name of encounter. Nowadays , it has become common place that police take law into their own hands , settle scores , conducts their own courts of justice like compromise panchayaths at police stations. All these acts of police are illegal , the police must first thought the lessons of law before enforcing it. The murderers ,criminals in police uniform must be punished at the earliest.
3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA- Gross violations of human rights by police
At the outset , e-voice salutes the few honest police personnel who are silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers , promotion holdups , etc. overcoming the lure of bribe ,those few are silently doing their duties without any publicity or fanfare. we salute them & pay our respects to them and hereby appeal to those few honest to catch their corrupt colleagues.
The police are trained , to crack open the cases of crimes by just holding onto a thread of clue. Based on that clue they investigate
like "Sherlock holmes" and apprehend the real criminals. nowadays , when police are under various pressures , stresses – they are
frequently using 3rd degree torture methods on innocents. Mainly there are 3 reasons for this :
1) when the investigating officer (I.O) lacks the brains of Sherlock holmes , to cover-up his own inefficiency he uses 3rd degree
torture on innocents.
2) When the I.O is biased towards rich , powerful crooks , to frame innocents & to extract false confessions from them , 3rd degree
torture is used on innocents.
3) When the I.O is properly doing the investigations , but the higher-ups need very quick results – under work stress I.O uses 3rd
degree torture on innocents.
Nowhere in statuette books , police are legally authorized to punish let alone torture the detainees / arrested / accussed / suspects. Only the judiciary has the right to punish the guilty not the police. Even the judiciary doesn't have the right to punish the accussed / suspects , then how come police are using 3rd degree torture unabetted. Even during encounters , police only have the legal right , authority to immobilize the opponents so as to arrest them but not to kill them.
There is a reasoning among some sections of society & police that use of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false & biased. Take for instance there are numerous scams involving 100's of crores of public money – like stock scam , fodder scam , etc involving rich businessmen , VVIP crooks. Why don't police use 3rd degree torture against such rich crooks and recover crores of public money where as the police use 3rd degree torture against a pick-pocketer to recover hundred rupees stolen ? double standards by police.
In media we have seen numerous cases of corrupt police officials in league with criminals. For the sake of bribe , such police officials bury cases , destroy evidences , go slow , frame innocents , murder innocents in the name of encounter , etc. why don't police use 3rd degree torture against their corrupt colleagues who are aiding criminals , anti nationals ? double standards by police.
All the bravery of police is shown before poor , innocents , tribals , dalits , before them police give the pose of heroes. Whereas ,
before rich , VVIP crooks , they are zeroes. They are simply like scarecrows before rich crooks.
Torture in any form by anybody is inhuman & illegal. For the purpose of investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools must be used against rich crooks & petty criminals without bias.
hereby we urge the GOI & all state governments :
1) to book cases of murder against police personnel who use 3rd degree torture on detainees and kill detainees in the name of
encounter killings.
2) To dismiss such inhuman , cruel personnel from police service and to forfeit all monetary benefits due to them like gratuity ,
pension , etc.
3) To pay such forfeited amount together with matching government contribution as compensation to family of the victim's of 3rd degree torture & encounter killings.
4) To review , all cases where false confessions were extracted from innocents by 3rd degree torture.
5) To make liable the executive magistrate of the area , in whose jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to all parties , witnesses in cases before his court.
7) To make public the amount & source of ransom money paid to forest brigand veerappan to secure the release of matinee idol mr. raj kumar.
8) To make public justice A.J.Sadashiva's report on "torture of tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA".
9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
10) To include human rights education in preliminary & refresher training of police personnel.
11) To recruit persons on merit to police force who have aptitude & knack for investigations.
12) To insulate police from interference from politicians & superiors.
13) To make police force answerable to a neutral apex body instead of political bosses. Such body must be empowered to deal with all service matters of police.
14) The political bosses & the society must treat police in a humane manner and must know that they too have practical limitations. Then on a reciprocal basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of biggies & must be put on detective , investigative works.
FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES
Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy.
1) What are the fundamental rights of a citizen guaranteed under the
constitution (Article 21) ?
2) What are the privileges conferred on legislators & parliamentarians
by the constitution of
a) Inside the House b) Outside the House
3) What are privileges conferred on constitutional functionaries, like
a) President of
c) Chief Justice of
e) Central Vigilance Commissioners.
4) Are the privileges legal immunity conferred on above mentioned
constitutional functionaries ?
a) Cover all their official actions irrespective of merit.
b) Cover both their official & personal actions.
5) Are the privileges defined & codified ?
6) Are these privileges above freedom of the press ?
7) Are the liberty & fundamental rights of the citizens guaranteed by
the constitution, above the privileges of the constitutional
functionaries or equal or below ?
8) Can the Indian legislatures & parliament be equated to the House of
commons in
court of records ?
9) Can the division of powers, namely the legislature, the executive
and the Judiciary, be equated to the functioning of the House of
commons and House of Lords in
10) Can a citizen be said to have committed breach of privilege of the
House or court and causing contempt of the house or court by raising
the issues of accountability of constitutional functionaries ?
11) Can a Legislature or Parliament enact a new law, to circumvent or
to nullify the Judicial orders with respect to wrongdoings by peoples
representatives & executive ? does not it amount to infringement of
Judicial powers & contempt of the court by the House.
12) Are the FUNDAMENTAL DUTIES of a citizen more important than
constitutional duties of a constitutional functionary or equal in
importance to it ?
13) Can a constitutional functionary commit crimes, anti-national
activities in the name of constitutional duties, behind the legal veil
of official's secret act & go unaccountable for his actions and go
unpunished by his legal immunity privileges ?
14) Are the Legislators members of parliament, High court & Supreme
court Judges and other constitutional functionaries not willing to
codify their privileges for the reason that if codified their
privileges would be curtailed and their action would be subjected to
legal scrutiny. ?
15) By votes of citizens Legislators and parliamentarians get seats in
the legislature and Parliament out of tax payer's money, they get
their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a
vote of a citizen is above (More valid) or a seat of legislator or
parliamentarian is above or more valid in a democracy ?
16) Judges & Constitutional functionaries are indirectly appointed by
voters / tax payers. Out of tax payers money, they get their pay,
perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a
citizen, fundamental duties of a tax payer is above (more valid) or a
seat of judge / constitutional functionary is above (more valid) in a
democracy ?
17) If there is a vacuum in the Legislature or parliament, who is to
fill up that vacuum till such time that the legislature or parliament
acts provide a solution by performing its role by enacting proper
legislation to cover the field (vacuum) ?
18) While it is an unhealthy practice for a Judge to claim to be a
Judge in his own cause, is it not worse for the members of the
legislature and parliament to be judges in their own cause ?
19) Are the Technicalities of the case more important to a judge or
Justice to a citizen, protection of fundamental rights of citizen.?
20) Why not the constitutional functionaries initiate suo moto action
with respect to numerous cases of injustices reported in Media ?
21) Why not the Judges admit various cases of Injustices affecting
public, as the Public Interest Litigation" ? In some cases, the Public
or the person representing them is unable to afford the high cost of
the case. Why not free legal aid is given ?.
22) What is the criteria for admitting a P.I.L. & giving free legal aid ?
23) Communication - free flow of information is the lifeline of a
democracy. Why the constitutional functionaries are not honouring the
Right to Information of Citizens ?
POLICE COMPLAINT AGAINST HONOURABLE CHIEF JUSTICE OF INDIA & H.E.HONOURABLE PRESIDENT OF
From,
NAGARAJ.M.R.
LIG-2 / 761, HUDCO FIRST STAGE,
LAXMIKANTANGAR, HEBBAL,
Through,
Honourable DG & IG of Police ,
State Police H.Q ,
To,
Honourable Circle Inspector of Police,
Vijayanagar Police Station,
Honourable Sir,
Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by Honourable Chief Jusice of India & H.E.Honourable President of
Reference: On-line grievances DARPG/E/2009/06279 , DPG/M/2009/80069 , DPG/M/2009/80070
http://sosappealbydalit.rediffblogs.com/ , http://sosappealbydalit.wordpress.com/ ,
http://sosappealbydalit.blogspot.com/
In India , as per constitution of india all citizens are equal , have right to equal oppurtunity &
equitable justice irrespective of caste , creed , religion , etc. the constitution has guaranteed these to every indian
citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every humanbeing on earth has got HUMAN RIGHTS, by virtue of
his / her birth.
However in
autocrats - unquestionable public masters. CONSTITUTIONAL FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public,
public are the kings of democracy , they are the taxpayers & paymasters of this very same public servants.
In
resort of commonman for seeking justice is judiciary , even there corruption has spread.In present day
is rich , he can committ any type of crime & get away clean from courts of law. there are corrupt police officials
who modify FIR , suppress evidences ,manipulate evidences , takes up different line of investigation , fix innocents ,
coughs-up false confessions from innocents by 3rd degree torture , file B report closing the case , decides not to
appeal in higher court of law , etc , ALL FOR A PRICE. Just see the list of millionnaire police officials who are
caught by karnataka lokayukta.
Next step , the prosecutor & defense advocate strikes a deal , manipulates evidences , manipulates way
of presentation of case & way of argument favouring the rich crooks for a price , as observed in high profile
BMW case involving public prosecutor IU KHAN & defense counsel RK ANAND. In this way , if corrupt police & advocates ,
together manipulate the due process of law , the presiding judge is left high & dry eventhough the judge is honest,
he is left helpless. to add to this , when the judge himself is corrupt , people's last hope , democracy is dead. nowadays
we are hearing too many reports of irregularities in judiciary.
our publication has filed many appeals as PUBLIC INTEREST LITIGATION before hon'ble supreme court of india,
but the vested interests there are not accepting it as PILs. WHAT DOES PUBLIC INTEREST LITIGATION MEANS ?
ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS. The issues raised by us for sample :
1. sale of fake medicines & adulterated food products , beverages , colas affecting the health of millions of indians
& public of importing nations who are importing the same dangerous products from india .
2. demolition , eviction of houses , lands belonging to poor dalits , tribals , backward castes by government authorities
whereas regularising illegal land encroachments , illegal buildings by high & mighty people in total disregard to law.
in some cases government has even made contempt of court , by defying court orders & enacting special laws all to favour rich land grabbers.
3. take the cases corporate frauds, violation of labour laws , pollution board laws , tax laws , etc by companies.
4. The reports in media about certain highly placed public servants leaking india's defense secrets to foreign countries
& some politicians , film stars attending parties hosted by anti nationals DAWOOD IBRAHIM & underworld dons in gulf
countries & elsewhere.
these type of appeals are for public good , national security , as public are affected by them. still supreme court of india is not considering
our repeated PIL Appeals.the courts have the authority to consider even a post card , e-mail as a PIL Appeal , the courts
even have the right to initiate suo-motto action for public good , inspite of absence of any appeals / complaints.
over & above this at the time of my very first appeal my income was very low & i was a retrenched factory employee who was eligible
for free legal aid, even free legal aid was not given to me.
Now , even to my repeated RTI Appeals the Honourable chief justice of India & H.E.Honourable President of
are not giving the requested information . these action of CJI & PRESIDENT OF
amounts to suppression of information , truth , evidences , which is a cognizable offence.
We do have highest respect for all constitutional bodies , public servants , but it is an appeal to the
honest few in public service ,to bring to book their corrupt colleagues.The Honourable Chief Justice of India & H.E.Honourable President of India
have violated their oaths of office , failed in their constitutional duties , suppressed material truths / informations & thereby repeatedly
violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC HUMAN RIGHTS & Obstructing me from performing constitutionally
prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA. Hereby , i do request you to legally prosecute the above two public servants
on the above mentioned charges. the whole issue of this news paper & the related materials at the weblinks provided, forms part of this complaint.
thanking you.
Date : 16.04.2009 your's sincerely,
Place :
IS NARCO – ANALYSIS A RELIABLE SCIENCE ?
Introduction & History-
The term Narco-Analysis is derived from the Greek word nark? (meaning
"anesthesia" or "torpor") and is used to describe a diagnostic and
psychotherapeutic technique that uses psychotropic drugs, particularly
barbiturates, to induce a stupor in which mental elements with strong associated
affects come to the surface, where they can be exploited by the therapist. The
term narco-analysis was coined by Horseley. Narco analysis first reached the
mainstream in 1922, when Robert House, a
scopolamine on two prisoners.
The search for effective aids to interrogation is probably as old as man's need
to obtain information from an uncooperative source and as persistent as his
impatience to shortcut any tortuous path. In the annals of police investigation,
physical coercion has at times been substituted for painstaking and time
consuming inquiry in the belief that direct methods produce quick results.
Development of new tools of investigation has led to the emergence of scientific
tools of interrogation like the narco analysis test. Such tests are a result of
advances in science but they often raise doubts regarding basic human rights and
also about their reliability. Legal questions are raised about their validity
with some upholding its validity in the light of legal principles and others
rejecting it as a blatant violation of constitutional provisions.
A Brief Outline of The Narco Analysis Test-
The narco analysis test is conducted by mixing 3 grams of Sodium Pentothal or
Sodium Amytal dissolved in 3000 ml of distilled water. Narco Test refers to the
practice of administering barbiturates or certain other chemical substances,
most often Pentothal Sodium, to lower a subject's inhibitions, in the hope that
the subject will more freely share information and feelings. A person is able to
lie by using his imagination. In the narco Analysis Test, the subject's
inhibitions are lowered by interfering with his nervous system at the molecular
level. In this state, it becomes difficult though not impossible for him to lie
.In such sleep-like state efforts are made to obtain "probative truth" about the
crime. Experts inject a subject with hypnotics like Sodium Pentothal or Sodium
Amytal under the controlled circumstances of the laboratory. The dose is
dependent on the person's sex, age, health and physical condition. The subject
which is put in a state of Hypnotism is not in a position to speak up on his own
but can answer specific but simple questions after giving some suggestions. The
subject is not in a position to speak up on his own but can answer specific but
simple questions. The answers are believed to be spontaneous as a semi-conscious
person is unable to manipulate the answers.
Wrong dose can send the subject into coma or even result in death. The rate of
administration is controlled to drive the accused slowly into a hypnotic trance.
The effect of the bio-molecules on the bio-activity of an individual is evident
as the drug depresses the central nervous system, lowers blood pressure and
slows the heart rate, putting the subject into a hypnotic trance resulting in a
lack of inhibition. The subject is then interrogated by the investigating
agencies in the presence of the doctors. The revelations made during this stage
are recorded both in video and audio cassettes. The report prepared by the
experts is what is used in the process of collecting evidence. This procedure is
conducted in government hospitals after a court order is passed instructing the
doctors or hospital authorities to conduct the test. Personal consent of the
subject is also required.
Other associated truth finding tests-
Apart from narco test there are also other two kinds of tests which are
popularly used on the convict for extraction of truth, these are-
I. Polygraph or lie Detection Test:
It is an examination, which is based on an assumption that there is an
interaction between the mind and body and is conducted by various components or
the sensors of a polygraph machine, which are attached to the body of the person
who is interrogated by the expert. The machine records the blood pressure, pulse
rate and respiration and muscle movements. Polygraph test is conducted in three
phases- a pretest interview, chart recording and diagnosis. It was Keeler who
further refined the polygraph machine by adding a Psycho-galvanometer to record
the electrical resistance of the skin.
II. P300 or the Brain Mapping Test:
This test was developed and patented in 1995 by neurologist Dr. Lawrence A.
Farwell, Director and Chief Scientist "Brain Wave Science",
method, called the "Brain-wave finger printing"; the accused is first
interviewed and interrogated to find out whether he is concealing any
information. Then sensors are attached to the subject's head and the person is
seated before a computer monitor. He is then shown certain images or made to
hear certain sounds. The sensors monitor electrical activity in the brain and
register P300 waves, which are generated only if the subject has connection with
the stimulus i.e. picture or sound. The subject is not asked any questions here.
In
criminals.
Legal aspects of Narco Analysis-
Such tests generally don't have legal validity as confessions made by a
semi-conscious person are not admissible in court. The court may, however, grant
limited admissibility after considering the circumstances under which the test
was obtained. In the main, these tests can only assist police investigations. A
few democratic countries,
analysis. This has come under increasing criticism from the public and the media
in that country. Narco analysis is not openly permitted for investigative
purposes in most developed and/or democratic countries.
But the other view regarding the legal validity of narco analysis test is that
it is used as an aid for collecting evidence and helps in investigation and thus
does not amount to testimonial compulsion. Thus it does not violate the
constitutional provision regarding protection against self-incrimination.
Narco Analysis in
A few democratic countries,
analysis. This has come under increasing criticism from the public and the media
in that country. Narco analysis is not openly permitted for investigative
purposes in most developed and/or democratic countries. In
analysis test is done by a team comprising of an anesthesiologist, a
psychiatrist, a clinical/ forensic psychologist, an audio-videographer, and
supporting nursing staff. The forensic psychologist will prepare the report
about the revelations, which will be accompanied by a compact disc of
audio-video recordings. The strength of the revelations, if necessary, is
further verified by subjecting the person to polygraph and brain mapping tests.
Narco analysis is steadily being mainstreamed into investigations, court
hearings, and laboratories in
legal, and ethical questions. These need to be addressed urgently before the
practice spreads further. Narco analysis has become an increasingly, perhaps
alarmingly, common term in
conducted on a subject by inducing a sleep-like state with the aid of
barbiturates or other drugs. In a spate of high profile cases, such as those of
the Nithari killers and the Mumbai train blasts, suspects have been whisked away
to undergo an interview drugged with the barbiturate sodium pentothal.
Narco Analysis from Constitutional & Legal Stand Point-
The main provision regarding crime investigation and trial in the Indian
Constitution is Art. 20(3). It deals with the privilege against
self-incrimination. It has its equivalents in the Magna Carta and the law of
almost every civilized country. The privilege against `self incrimination is a
fundamental canon of Common law criminal jurisprudence.
The characteristic features of this principle are-
-The accused is presumed to be innocent,
-That it is for the prosecution to establish his guilt, and
-That the accused need not make any statement against his will.
-These propositions emanate from an apprehension that if compulsory examination
of an accused were to be permitted then force and torture may be used against
him to entrap him into fatal contradictions. The privilege against
self-incrimination thus enables the maintenance of human privacy and observance
of civilized standards in the enforcement of criminal justice.
Art. 20(3) which embody this privilege reads, "No person accused of any offence
shall be compelled to be a witness against himself".
On analysis, this provision will be found to contain the following components:
-It is a right available to a person "accused of an offence";
-It is a protection against such "compulsion" "to be a witness";
-It is a protection against such "compulsion" resulting in his giving evidence
against himself.
All the three ingredients must necessarily coexist before the protection of Art
20(3) can be claimed. If any of these ingredients is missing, Art. 20(3) cannot
be invoked.
The application of narco analysis test involves the fundamental question
pertaining to judicial matters and also to Human Rights. The legal position of
applying this technique as an investigative aid raises genuine issues like
encroachment of an individual's rights, liberties and freedom.
Section 45 of the Indian Evidence Act, 1872 does allow experts' opinions in
certain cases.
However this section is silent on other aspects of forensic evidence that can be
admissible in court in criminal proceedings.
The right against forced self-incrimination, widely known as the Right to
Silence is enshrined in the Code of Criminal Procedure (CrPC) and the Indian
Constitution.
In the CrPC, the legislature has guarded a citizen's right against
self-incrimination.
It is well established that the Right to Silence has been granted to the accused
by virtue of the pronouncement in the case of Nandini Sathpathy vs P.L.Dani, no
one can forcibly extract statements from the accused, who has the right to keep
silent during the course of interrogation (investigation). By the administration
of these tests, forcible intrusion into one's mind is being restored to, thereby
nullifying the validity and legitimacy of the Right to Silence.
Some Notable Events & Cases of Narco Analysis in
I. In a 2006 judgment (Dinesh Dalmia v State), the Madras High Court held that
subjecting an accused to narco analysis is not tantamount to testimony by
compulsion. The court said about the accused: "he may be taken to the laboratory
for such tests against his will, but the revelation during such tests is quite
voluntary."
II. In 2004, the Bombay High Court ruled in the multi-crore-rupee fake stamp
paper case that subjecting an accused to certain tests like narcoanalysis does
not violate the fundamental right against self-incrimination. Article 20(3) of
the Constitution guarantees this: "No person accused of any offence shall be
compelled to be a witness against himself." Statements made under narco analysis
are not admissible in evidence.
III. In January 24th, 2008, a bench of Chief Justice K.G. Balakrishnan reserved
its ruling after hearing arguments for three days from various parties,
including Solicitor General Goolam E. Vahanvati and senior advocate Dushyant
Dave, appointed by the bench as amicus curiae to assist the court in the case.
Telgi and his accomplices are facing probe by various states' police and other
investigative agencies for their alleged criminal acts.
These accused people have challenged the legality of the use polygraph, brain
mapping and narco-analysis by the investigative agencies to probe the crime.
IV. The Bombay High Court recently in a significant verdict in the case of,
Ramchandra Reddy and Ors. v. State of
use of P300 or Brain finger-printing, lie-detector test and the use of truth
serum or narco analysis. The court upheld a special court order given by the
special court in Pune as mentioned above, allowing the SIT to conduct scientific
tests on the accused in the fake stamp paper scam including the main accused,
Abdul Karim Telgi. The verdict also said that the evidence procured under the
effect of truth serum is also admissible. In the course of the judgment, a
distinction was drawn between "statement" (made before a police officer) and
"testimony" (made under oath in court). The Judges, Justice Palshikar and
Justice Kakade, said that the lie-detector and the brain mapping tests did not
involve any "statement" being made and the statement made under narco analysis
was not admissible in evidence during trial. The judgment also held that these
tests involve "minimal bodily harm".
V. A court in Kerala recently pronounced that no court order is required to do a
narco analysis, Disposing of a petition filed by the CBI seeking permission of
the court, the magistrate said that filing this type of a plea would only delay
the investigation. The court said nobody could stand in the way of the
investigating agency conducting tests recognized as effective investigation
tools. When the technicalities of the test itself are not clear and uniform, it
becomes difficult to accept the stand taken by the court.
The Degree of Admission of These Truth Finding Tests in Court-
Lawyers are divided on whether the results of Narco Analysis and P300 tests are
admissible as evidence in courts. "Confessions made by a semi-conscious person
is not admissible in court. A Narco Analysis Test report has some validity but
is not totally admissible in court, which considers the circumstances under
which it was obtained and assess its admissibility," advocate P. R Vakil told
rediff.com. "Under certain circumstance, a person may hold a certain belief. By
repeatedly thinking about an issue in a particular way, he begins to believe
that what he is thinking is right. But it need not necessarily be the truth,"
Vakil explained." Results of such tests can be used to get admissible evidence,
can be collaborated with other evidence or to support other evidence. But if the
result of this test is not admitted in a court, it cannot be used to support any
other evidence obtained the course of routine investigation."
Criminal lawyer Majeed Memon said, "If the courts give permission to conduct
these tests, then only it can decide the admissibility of the test results and
other related evidence. Such reports can be used as evidence or to support other
evidence." Another criminal lawyer Sham Keswani has a different view. "Such
tests don't have any legal validity. They can only assist the police
investigation." But, in case a person is not affected by the chemical, he might
take some wrong names (to mislead investigators). The results of such tests can
be used to support other evidence," he said.
Conclusion-
Law is a living process, which changes according to the changes in society,
science, ethics and so on. The Legal System should imbibe developments and
advances that take place in science as long as they do not violate fundamental
legal principles and are for the good of the society. The criminal justice
system should be based on just and equitable principles. The issue of using
narco analysis test as a tool of interrogation in
The extent to which it is accepted in our legal system and our society is
something, which will be clearer in the near future. In a situation where narco
analysis is gaining judicial acceptances and supports despite being an
"unreliable & doubtful" science, we have to seroiusly rethink about its legal
and constitutional validity from human rights perspective.
Subhojyoti Acharya is a 5th Yr. student of law, B.A.LLB(Hons) in the prestigious
Department of Law,
the field of law and be a part of this dynamic growth oriented profession and
meet new challenges in life.
acharya_subhojyoti@...
Narco analysis and the Constitution
Shashwat Bajpai
Far from being novel, truth serums have been in use since the early part of the
20th century. During and after the War years,
intelligence agencies continued to experiment with truth drugs. The Central
Intelligence Agency (CIA) has admitted to using these as part of its
interrogation tactics.
As science has outpaced the development of law or at least the laypersons
understanding of it, there is unavoidable complexity regarding what can be
admitted as evidence in court.[1] Narco analysis is one such scientific
development that has become an increasingly, perhaps alarmingly, common term in
India. It refers to a process of psychotherapy conducted on a subject by
inducing a sleep-like state with the aid of barbiturates or other drugs. In a
spate of high-profile cases, such as those of the Nithari murders, Abu Salem and
the Mumbai train blasts, suspects have been whisked away to undergo an
interview, drugged with the barbiturate sodium pentothal. [2]
Far from being novel, truth serums have been in use since the early part of the
20th century. During and after the War years,
intelligence agencies continued to experiment with truth drugs. The Central
Intelligence Agency (CIA) has admitted to using these as part of its
interrogation tactics.
In 1989, the New Jersey Supreme Court (State v. Pitts)[3] prohibited the use of
sodium amytal narco analysis because the results of the interview were not
considered scientifically reliable. The court opined that subjects are
susceptible to filling in gaps in stories with fabricated detail (hyper
amnesia), or believing in false events (memory hardening), and hypnotic recall,
where thoughts of non-existent events become embedded in the memory.
Scientific skepticism and the absence of controlled studies have not deterred
Indian investigating agencies from running to the FSL in Gandhinagar or, more
likely,
various police departments across the country. Narcoanalysis is conducted using
sodium pentothal, in conjunction with three other tests - psychological
profiling, polygraph (the lie detector) tests, and brain mapping. Polygraph
tests, which one can learn to pass or fail, are used for screening and
confirmation purposes only.
The polygraph test is premised on the principle that certain physiological
changes will take place due to the fear of deception in the mind of the guilty
person, which can be detected by using proper technology. [4] This in reality
does not always take place, because unlike the fictional Pinocchio we are not
equipped with a distinctive physiological response that we emit involuntarily
when and only when we lie.[5] Brain mapping, not entirely free from controversy
itself[6] indicates whether a subjects brain stores experiential knowledge about
a certain object.
Narcoanalysis is used when investigators need oral elicitations from a suspect.
For instance, if brain mapping indicates that the suspect stores information
about a murder weapon used in the crime, then narcoanalysis, according to the
FSL,
and similar information.
The narco analysis test is based on the principle that a person is able to lie
using his imagination and, under the influence of certain barbiturates, this
capacity for imagination is blocked or neutralized by leading the person into a
semiconscious state. It becomes difficult for the person to lie and his answers
would be restricted to facts he is aware of.[7]
Narco analysis poses several questions at the intersection of law, medicine and
ethics. How truthful is truth serum? Is the procedure for narco analysis is
violative of the rights agains self-incrimination, guaranteed under Article 20
(3) of Constitution. Article 20 (3) states that no person accused of any offence
shall be compelled to be witness against himself. This privilege against
self-incrimination also provides the individual, the right to remain silent.
Arguments have been made that narco analysis constitutes mental torture and thus
violates the right to life under Article 21. It works by inhibiting the nervous
system, and it is not difficult to interpret this as a physical violation of an
individuals mind-space. It is for this reason that the scientific, legal, and
evidentiary issues relevant to the narco analysis debate need to be discussed
critically.
In Dinesh Dalmia v. State of
narco analysis testimony was not by compulsion because the accused may be taken
to the laboratory for such tests against his will, but the revelation during
such tests is quite voluntary. The High Court was convinced that it was possible
to compel one to testify voluntarily. The reasoning does not stand up to
comparison with a witness being tortured or threatened to testify in court. If
this is not voluntary, how could testimony under the influence of drugs, when
even ones volition is suspended, be voluntary? The decision of the High Court
clearly acknowledges that the person in question is taken to the laboratory
against his will.
It is often reasoned that the consent form signed by the accused supplies the
requirements of voluntary disclosure. This is a fallacy, as in case of court
mandated narco analysis, the consent form has absolutely no relevance because
the compliance of a judicial order passed by a competent court is not subject to
anybodys consent. The term order itself implies authority to compel obedience.
The above case is in stark contrast with the judgment of an eleven-judge bench
in the case of State of Bombay v Kathi Kalu Oghad,[9] where it was observed that
self-incrimination means conveying information based upon personal knowledge of
the person and cannot include merely the mechanical process of producing
documents in court.
The principle of immunity from self incriminating evidence is founded on the
presumption of innocence, the maxim Nemo tenetur seipsum accusare had its origin
in a protest against inquisitorial and manifestly unjust methods of
interrogating accused persons.[10] It is not necessary that the actual trial
needs to commence for an accused to avail this privilege.[11]
The Supreme Court of U.S in Miranda v Arizona[12] observed that a person in
custody must, prior to interrogation, be clearly informed that he has the right
to remain silent, and that anything he says will be used against him in court;
Further, if the individual indicates in any manner, at any time prior to or
during questioning, that he wishes to remain silent, the interrogation must
cease.
It is perceived that Police Departments in
to collection, collation and presentation of evidence before the courts. It is
alleged that polygraph testing, brain mapping and narco analysis are quick fix
tools used by the police. The old Latin Maxim deceptis non decepientibus, jura
subveniuni, [13] meaning the law helps who are deceived, not those deceiving has
perhaps become an excuse for resorting to such dubious methods of investigation.
The Supreme Court, in November 2006, ordered a stay on a metropolitan judge''''s
order to conduct narcoanalysis on K. Venkateswara Rao, in the Krushi Cooperative
Urban Bank case.[14] Rao refused to sign a consent form, and to its credit, the
FSL, Gandhinagar, refused to conduct the test without the signed consent form.
The Supreme Court decision on the case is awaited and will have a significant
bearing on the use of narco analysis in
The Supreme Court has not yet delved into the question of whether narco-analysis
is in violation of Art.20 (3). There have been orders of various High Courts
upholding the validity of narco analysis. These judgments are in stark contrast
with the earlier judgments of the Supreme Court interpreting Art. 20(3). The
veracity lies in the fact that narco analysis is still a nascent interrogation
technique in the Indian criminal justice system without any rules or guidelines.
The Central government must make a clear policy stand on narco analysis -
because what is at stake is
clean criminal justice system.
While expert studies and court opinions available internationally have granted
that there may be some use in narcoanalysis, the overwhelming evidence is that
narco analysis is by no means a reliable science. In the absence of proof that
narco analysis is backed by sound science; it must necessarily be suspended,
especially given its ethical and human rights implications.
The test can be grossly misused by suggestive questioning by the investigating
agencies. Psychiatrists hold that some 50 per cent of all individuals are
suggestible even while fully conscious, meaning they can be made to believe
events that never actually happened. Therefore, while patients under narco
analysis may find it difficult to lie consciously depending on the depth of the
narco analysis, they can certainly say things that are on the surface of their
minds. The patient may say things that he wished were true and not that were
necessarily true.
Therefore such a dubious technique of interrogation which requires enormous
amounts of training and patience - skills evidently lacking in much of the
police force in
fundamentally violates the presumption of innocence.
Truth Detection Methods: Legality and Scientific Validity
Introduction:
The advancement of science has led to many great and modern machines and
methods. A great number of discoveries and research has led to the overall
betterment of human civilization as we know it. Many fields have benefited from
major advancements in medical sciences. Man has had an immemorial quest for
truth and has been search of various techniques to discover truth. Thus, man has
turned to the field of medical science in search of the holy grail of truth
detectors. It has so far eluded him but this quest has turned up a few tricks
with which the police would be able to apprehend the culprit. Over the past 100
years, there have been many developments regarding the scientific tools for
interrogation and investigations. The need for quick methods of discovering
truth along with the impatience of man has had a great deal to contribute to
this particular field of forensic science.
Sir James Stephens, writing in 1833, rationalizes a grisly example of such
impatience of the Indian police, "it is far pleasanter to sit comfortably in the
shade, rubbing red pepper in a poor devil's eyes than, to go about in the sun
hunting up evidence."
History:
The scientific history of lie detection methods can be traced to the early
1900s. As early as 1885, Caesar Lombroso used a device to measure changes in
blood pressure for police cases; a device by Vittorio Benussi used to measure
breathing and an abandoned project by William Marston used blood pressure and
galvanic skin responses. A device recording both blood pressure and galvanic
skin response was invented in 1920 by Dr John A Larson of the
Department. This was the first Lie detector or `Polygraph'.
The narcoanalysis method during the past was used only by psychiatrists to find
out psychological truth which was achieved by using one or two barbiturates such
as sodium amytal or scopolamine. The application of this technique for criminal
investigation was adopted in the early 1950s. The first successful report of
this technique came from the
to Robert House, who in 1922 first used it on 2 prisoners in the
jail. His experiment and conclusion attracted wide attention and the idea of
`truth serum' is believed to have first appeared in a news report of House's
experiment.
P300 or Brain mapping Test was developed and patented in 1995 by neurologist Dr
Lawrence A Farwall, Director and Chief Scientist, `Brain Wave Science',
Scientific Basis:
1. Lie Detector: the lie detector or polygraph test is an examination, which is
conducted on the assumption that the body undergoes certain physical changes
when under stress. The heart beat increases; blood pressure goes up, breathing
rhyme changes, perspiration increases, etc. A baseline for these physiological
characteristics is established by asking the subject questions whose answers the
investigators know. Deviation from the baseline for truthfulness is taken as a
sign for lie. It is conducted by attaching various probes to the body of the
person who is interrogated by the expert.
2. P300 or Brain Mapping Test: in this test, the subject is first interviewed
and interrogated to find out whether he is concealing any information. Then
sensors are attached to the subject's head and the person is seated before
computer monitor. He is then shown certain images or made to hear certain
sounds. The sensors monitor electrical activity in the brain and register P300
waves, which are generated only if the subject has connection with the stimulus.
During the test, the subject is not asked any questions.
3. Narcoanalysis or `Truth Serum' Test: it is conducted by injecting 3 grams of
sodium pentothal is dissolved in 300 ml of distilled water and above solution is
administered intravenously along with 10% dextrose over a period of three hours
with the help of an anaesthetist. The rate of administration is so controlled to
drive the suspect slowly into the state of hypnotic trance. The revelations made
during the hypnotic trance are recorded both in video and audio formats. The
entire procedure is video graphed.
The questions are designed carefully and are repeated persistently in order to
reduce ambiguities during interrogation. The report then made by experts is
useful in the process of collecting evidence.
Constitutional Imperatives and Other Legal Aspects -
Position in the
provides against self-incrimination, " No person shall be compelled in any
criminal case to be a witness against himself ."
Position in the
system that an accused shall not be compelled to discover documents or objects
which incriminate him.
Position in
Code of criminal Procedure. But the framers of the constitution decided to
incorporate it as a fundamental right. It is embodied in Article 20(3) which
reads, "No person accused of any offence shall be compelled to be a witness
against himself. "
The constitutionality of the 3 tests has been challenged. A clear exposition on
the issue emerged in the case of Ramchandra Ram Reddy and others Vs The State of
Maharashtra.
The Bombay High Court upheld the use of all 3 tests. The court also upheld the
order given by the Pune Special court allowing the police to conduct
narcoanalysis on the accused inn the infamous fake stamp paper scam. It was held
that polygraph and P300 tests didn't involve any statement being made and the
statement made under narcoanalysis was not admissible as evidence in court. The
court also held that these tests involved minimal body harm.
Conclusion:
From all the points of view, it can be said that no such magic potion as `truth
serum' exists. From the tests which were conducted, success depends on the skill
of the expert who conducts the tests. The success rate has been claimed to be 94
– 97 % by the FSL Bangalore. The constitutionality of the tests has been held
valid and will remain till new ground is broken.
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