Sir, CrPC is not a joke, when the advocate insisted on the narco test, the Chief Justice got angry, said – we are not going to make the law
Ashwani Upadhyay had filed a PIL demanding the High Court to order the Delhi Police to ask the complainants whether they are ready to undergo narco analysis and brain mapping tests to prove their allegations in order to curb fake cases. Are.
Seeing a PIL by BJP leader and advocate Ashwani Upadhyay, the Chief Justice of Delhi High Court was enraged. In the open court, he reprimanded Upadhyay and said that it is a joke, CrPC hai sir. Where is it written that one more sentence can be asked. We will not go out of CrPC. Chief Justice Satish Chandra Sharma asked Upadhyay to show us where in the CrPC it is mandated that the police must ask the complainant. The Chief Justice said that we are not the law makers. The verdict has been reserved on Upadhyay’s plea.
PIL filed to curb fake cases
In fact, Ashwani Upadhyay had filed a PIL demanding the High Court to order the Delhi Police to check fake cases by asking the complainants whether they are willing to undergo narco analysis and brain mapping tests to prove their allegations. are ready for. Upadhyay said that if such tests are done in the beginning itself, it will be of great help in curbing fake cases.
CJ got angry when the advocate repeatedly argued before the bench
Upadhyay said that if this happens, the precious time of the court will also be saved along with the time taken in the investigation of the police. In the petition, it was also demanded from the High Court that after studying the system existing in developed countries, it should file a detailed report in this regard. Upadhyay demanded in the petition that the Government of India must formulate a strategy to counter fake cases. High Court Chief Justice Satish Chandra Sharma and Justice Subramaniam Prasad’s bench got agitated when Upadhyay repeatedly argued and demanded the court to pass an order in this regard. The bench bluntly said that they are not going to make laws and they are not going to do any work outside CrPC.
According to the petition, if a charge is framed on someone and he is pressured to become a witness against himself by conducting such tests, he can seek relief under Article 20(3). But if the narco or brain mapping test is conducted to verify the allegations of the complainant, then there is no violation of Article 20(3). Delhi Police and CBI have been made parties along with the Centre, Delhi Government in the petition.
