Court mandates narcoanalysis test with language expert to ensure thorough investigation in compliance with Supreme Court guidelines.
In a significant development, the Rajasthan High Court, Jaipur Bench, under the stewardship of Justice Anoop Kumar Dhand, has quashed the final negative report submitted by the police in a murder case involving unknown accused. The case, concerning the mysterious murder of Feliram's brother, was initially closed due to the inability to trace the accused and the refusal to conduct a narcoanalysis test on linguistic grounds.
The court's decision came in response to a petition filed by Feliram, challenging the acceptance of the negative final report by the Judicial Magistrate, Lalsot, District Dausa, which dismissed his protest petition. Feliram had consented to undergo a narcoanalysis test, which was denied by authorities citing his lack of fluency in Hindi.
Justice Dhand emphasized that the refusal to conduct a narcoanalysis test based solely on language barriers is unjustifiable. Referring to the Supreme Court's guidelines in the landmark case of Selvi v. State of Karnataka, the court underscored the necessity of appointing a language interpreter during such tests to ensure compliance with legal protocols.
The court criticized the Investigating Officer's rationale for closing the case after six years due to the untraceability of the accused, particularly in a 'blind murder' scenario. Justice Dhand reiterated the duty of the police to make exhaustive efforts in tracing unknown accused, highlighting the need for a thorough and impartial investigation.
The case has been remitted for further investigation, with directions to include a narcoanalysis test if deemed necessary by the Investigating Officer. The court has instructed the Additional Superintendent of Police to appoint a new Investigating Officer of the rank of Circle Inspector or above, who is expected to expedite the investigation and submit a comprehensive report to the concerned court.
This ruling reinforces the judiciary's commitment to ensuring justice through meticulous investigation practices, particularly in complex cases involving unknown perpetrators.
Bottom line:-
Refusal to conduct narcoanalysis test solely on the ground of lack of fluency in Hindi language is unjustifiable. Authorities are required to ensure the presence of a language expert during such tests, in adherence to the guidelines laid down in Selvi v. State of Karnataka, 2010(7) SCC 263.
Statutory provision(s):
- Criminal Procedure Code, 1973 Section 173
Feliram v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2914192
