Page 45 - Forensic News Journal Jan Feb 2018
P. 45

Constitutional Validity of the Polygraph Test

        important role in society            sion to the Special Investi- or dilute a lot of impor-

        because today we can’t               gation Team (SIT) probing  tant information. Says an
        overrule the use of sci-             the fake stamp racket, to            officer investigating the
        entific methods and our              conduct lie detector tests           case that we are sure we

        many cases have shown                on nine persons, including  will establish that one or
        the importance of it. Now  Abdul Karim Telgi. It is                       more persons are lying, or

        we will see certain politi-          important that the CBI or            holding back i9nformation
        cal kind of cases.                   Police shouldn’t take gain  related to Shivani’s mur-
                                             of it but they need certain  der. He adds Of course the

        Congress leaders must                powers in them to reach              results of lie detector test
        undergo lie detector test:           at justice. How can they             will not be admissible in

        BJP. Today even the po-              prove justice if everyone            a court of law. The report
        litical parties are under-           will look upon them with             is merely to facilitate in-
        standing the value of it.            doubt, we the people of              vestigations. But he also

        On July 12, 2004 demand- India need to understand                         said that in a city like
        ed that the CBI conduct              the value of duty and do             Delhi, where there is lot of

        lie detector test on many            something and promote                crime, which even raises
        leading political members  scientific methods because  questions in the parlia-
        of congress. It was a Tel-           every politician will make  ment, a lie detector test is

        gi’s case. On December               laws for their welfare not           very crucial to speed up
        15, 2004 in the newspaper  for the ruin of individuals;  investigations.

        of Mumbai news came                  In May 13, through
        that Telgi to undergo lie                                                 Why there shouldn’t be
        detector test. Abdul Karim  Indian Express a news                         lie detector test and why it

        Telgi, the alleged mas-              came that “Delay may                 is not admissible in court
        termind behind the multi             hamper lie detector test             of law? When the Police,

        crore fake stamp racket,             in Shivani murder case”.             CBI all give their lot of
        and several others arrested  Several forensic experts                     time and at last our court
        along with him are to un-            and police investiga-                says that it is invalid, it’s

        dergo lie detector tests, a          tors point out that though           really very poor. If a per-
        court ruled today. (News-            Shivani was murdered on              son is caught by this meth-

        paper editing). A special            January 23, until last week  od, why there shouldn’t be
        court constituted under              investigators hadn’t been            any law to make use of lie
        the Maharashtra Control              able to get hold of a lie            detector test to speed up

        of Organized Crime Act               detector. The delay, they            the investigations and jus-
        (MCOCA) gave permis-                 say, will possibly cloud             tice. A Delhi Police Chief


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