CPM leader says no to lie detector

CPI(M) leader Suhrid Dutta, arrested in connection with the rape and murder of Tapasi Malik, refused to take the lie detector test in a Delhi court

CPI(M) leader Suhrid Dutta, arrested in connection with the rape and murder of Tapasi Malik, refused to take the lie detector test in a Delhi court on Thursday.

He told Additional Chief Metropolitan Magistrate Kamini Lau, “I have in the presence of my counsel been explained about the polygraph test and I do not wish to be subjected to the same.” He further told the court, “I have understood that at any stage of the proceedings an adverse inference can be drawn against me for my refusal to participate in the said test but I still assert that I do not wish to be subjected to the lie detector test.”

CPI(M) zonal committee secretary Dutta was brought to Delhi following the order of a Chandannagar court to take the lie detector test in the CBI headquarters. The Chandannagar court had observed that while the investigating officer claimed that Dutta was willing to undergo the polygraph, the accused himself had refused. At the magistrate’s discretion, Dutta was still sent to Delhi for the test.

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Dutta’s counsel moved an application before a city court soon after he was brought to Delhi on July 3.

His counsel requested the court to take action and stay the test till the National Human Rights Commisson’s requirements of taking the test are met by the CBI. NHRC guidelines insist that terms and conditions of the polygraph test be explained to the accused by a magistrate. Guidelines specify that the accused should be willing to take the test.

The test is then to be carried out before a magistrate in the presence of his advocate. The statement given is not to be treated as ‘confession’ and has the same status as that made before the police.