JAMMU, Sept 11: A special court in Jammu has dismissed the National Investigation Agency’s (NIA) plea seeking permission to conduct a polygraph test and narco analysis of two men arrested in connection with the April 22 Pahalgam terror attack, which claimed 26 lives.
In its order dated August 29, the court ruled that such “scientific techniques” would violate the constitutional right against self-incrimination. The decision came after both accused Bashir Ahmad Jothatd and Parvaiz Ahmed denied giving consent for the tests, contradicting the NIA’s claim.
“Both the accused persons have submitted in open court that they are not willing to undergo polygraph or narco analysis test,” the court noted in its six-page order.
The NIA had earlier argued that the accused had voluntarily agreed to the tests to prove their innocence. However, the Defence Counsel contested the claim, stating that no valid consent was obtained in custody.
Citing Karnataka High Court judgments and National Human Rights Commission (NHRC) guidelines, the court stressed that consent for such tests must be recorded before a magistrate and conducted independently in the presence of lawyers.
The two men were arrested on June 26 for allegedly providing shelter, food, and logistical support to the three terrorists who carried out the attack on tourists at Baisaran meadows, also known as “mini Switzerland” in Pahalgam. The attack left 25 tourists from different states and one local, Syed Adil Shah, dead. Shah was killed while attempting to disarm one of the attackers.
The NIA has charged the accused under Section 19 of the Unlawful Activities (Prevention) Act, 1967. The three terrorists involved were later eliminated by the army on July 28. Further investigation in the case is ongoing.