Delhi HC reserves order on PIL for Law Commission report on preventing fake cases
New Delhi, May 15 (IANS) The Delhi High Court on Monday came down heavily on a petition seeking directions to the police to ask the complainant about her willingness to undergo scientific tests such as narco analysis, polygraphy, and brain mapping during the investigation to prove her allegation and record her statement in the FIR.
“Mazak thodi hai. CrPC hai sahab (It is not a joke. It is CrPC).
“Kaha likha hua hai ki ek vakya aur puch sakte hai? (Where is it written that one more question can be asked?) We won’t go beyond tje CrPC. Please show us that this is mandatory provision in CrPC that the police is required to ask (the complainant)? We are not lawmakers,” a division bench of Chief Justice Satish Chandra Sharma and Subramonium Prasad said.
The bench reserved its order on a Public Interest Litigation (PIL) also seeking directions to the Law Commission of India to create a thorough report to prevent “fake cases” and reduce the police investigation time as well as time of the judiciary.
The bench said that it will pass appropriate orders on the plea moved by advocate and BJP leader Ashwini Kumar Upadhyay.
In order to establish the accused’s innocence and include her statement in the chargesheet, the PIL also seeks direction to the police to inquire about the accused’s willingness to submit to narcotics analysis, polygraph testing, and brain mapping tests.
According to the plea, this will serve as a deterrence and drastically cut down on false cases, which will also save time for both police and judicial investigations.
“It will also secure the right to life, liberty, and dignity of thousands of innocent citizens who are under tremendous physical mental trauma and financial stress due to fake cases”, the plea read.
It states that the courts in many instances, have permitted the use of different scientific tests for further investigation.