New Delhi: A Delhi court today dismissed a CBI plea seeking to conduct lie-detection test on nine JNU students as part of its probe into the mysterious disappearance of another student, Najeeb Ahmad.
Additional Chief Metropolitan Magistrate Samar Vishal dismissed the plea noting that the nine students were “opposing the application of the polygraph test filed by the investigating officer (IO) to the extent that they are praying for its dismissal which pre-supposes the lack of consent for polygraph test.”
“It means that these persons are not willing to go for the polygraph test. Since a polygraph test cannot be done without the consent of the person whose polygraph test has to be done, this application thereof cannot be allowed at this stage.
“Further, there is no requirement of calling these persons in the court for expressly recording their denial or consent as their reply of the application of the investigation officer (IO) virtually amounts to same,” the court said.
It also said since the application seeking to conduct the test was moved by the IO and not by any of the nine suspect students, it “cannot be outrightly allowed”.
However, the court said the suspect students “can at any time opt to volunteer for the polygraph test before the CBI”.
In its application, the CBI had sought to conduct the test of nine JNU students as part of its probe into the disappearance of Najeeb, claiming there were certain allegations against them.
The application was opposed by the students’ advocate Viswa Bhushan Arya who claimed that the agency did not follow various guidelines while moving the application.
Najeeb, a first-year MSc Biotechnology student, has been missing from the Mahi Mandavi hostel in JNU since October 16, 2016 after a scuffle allegedly with ABVP activists. The RSS students wing has denied any involvement in his disappearance.