IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24645 of 2009(Q)
1. ASIYA, AGED 43 YEARS,W/O. T. ABDUL
... Petitioner
2. ABBAS M.A., AGED 49 YEARS,
3. MUHAMMED IRSHAD A.R,
4. ABDULLA RASHAD A.R,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE SECRETARY TO HOME DEPT. GOVT.
3. THE SUPERINTENDENT OF POLICE,
For Petitioner :SRI.T.RAMPRASAD UNNI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.RAMKUMAR
Dated :01/06/2010
O R D E R
* *W.P.*V.*RAMKUMAR,*J.* * * *
* * * * * * * * *
(C) No. 24645 of 2009
Dated:
* * * * * *Ist *day*of*June, *2010
* * * * * * * *
JUDGMENT
In this Petition filed under Art. 226 of the Constitution of
India, the first petitioner who is the wife of one Abdul Rahiman
and the 2nd petitioner who is the younger brother of the first
petitioner and petitioners 3 and 4 who are the sons of the first
petitioner and deceased Abdul Rahiman, seek a direction to
declare that the polygraph test, brain mapping that and narco
analysis test which the learned J.F.C.M. I, Kasaragod has
ordered to be conducted as per Ext.P7 order dated 23-7-2009
against the petitioners are unconstitutional and, therefore, void.
2. In the light of the recent decision in 2010 (1) KLT
705 (SC) – Selvi and others v. State of Karnataka the above
tests cannot be conducted unless the subject concerned consents to
the same. Ext.P7 order is therefore, quashed and the investigating
agency is restrained from conducting the above tests on the
petitioners without their consent. The Investigating Agency may
resort to other scientific methods of investigation to book the
culprits who may or may not include the petitioners.
V. RAMKUMAR,
(JUDGE)
W.P. (C) No. 24645 of 2009 -:2:-
ani.