Kolkata rape-murder case: Court rejects CBI's narco test plea as accused Sanjay Roy refuses consent

NEW DELHI: The Sealdah court has denied CBI ’s request to administer a narco test for the RG Kar hospital case accused Sanjay Roy on Friday.

The accused was summoned to Sealdah court for a closed-door hearing today to seek his consent for a narco test.

Previously, Roy along with the principal of RG Kar College and others, had undergone a polygraph test.

The court said "Accused Sanjay Roy didn't give his consent for the Narco analysis test. So, as per law, this is unconstitutional and against his fundamental rights. As per the judgment of 2010 Karnataka case, the Supreme court said regarding narco analysis test that without consent, no accused can't undergo these tests. This is unconstitutional, and the privacy of the accused will breached."

The Supreme Court of India referred to the case of Selvi vs. State of Karnataka case and said it is unconstitutional to use narco analysis, brain mapping, and polygraph tests on suspects without their consent. It further said that these techniques violate the 'right against self-incrimination' under Article 20(3) of the Constitution and the 'right to privacy' under Article 21. The court’s final verdict held that any evidence that is obtained through these methods without the voluntary consent of the accused would not be admissible to the court.

Meanwhile, junior doctors are continuously protesting in front of the Swasthya Bhawan against the rape and murder of the second-year PG student in the seminar hall of the college on August 9.

Earlier, Communist Party of India (Marxist) party workers also staged a protest in Kolkata and demanded justice in the RG Kar Medical and Hospital rape-murder case.

Amid continued protests, the Bengal chief minister also announced that she is ready to resign from her post amid the continuing protests."I am ready to resign from the chief minister of West Bengal. I am not concerned about the post. I want justice for the victim, I am only concerned about ordinary people getting medical service," the CM said, further ensuring that no action would be taken against the protesting doctors.

Bengal Governor CV Ananda Bose had also said before that he would "socially boycott" Mamata Banerjee, whom he dubbed "Lady Macbeth of West Bengal."

"In solidarity with the Bengal society, I resolve that I will socially boycott the Chief Minister. Socially boycotting means I will not be sharing any public platform with the Chief Minister nor will I participate in any public program which involves the Chief Minister. My role as Governor will be confined to the constitutional obligations. Nothing more, nothing less," the Governor said in a video message released on Thursday.

The court’s decision to deny the narco test has caused disappointment among netizens.