A special court in Pune has dismissed the plea of Maharashtra Anti-Terrorism Squad (ATS) seeking permission for conducting polygraph, voice layer, and psychological analysis tests on DRDO scientist Pradeep Kurulkar, who is an accused in an espionage case.
Special Judge V. R. Kachre rejected the ATS’s application, which sought the court to obtain Kurulkar’s consent for these tests. Kurulkar, who was the director of a laboratory affiliated with the Defence Research and Development Organisation (DRDO) in Pune, was arrested on May 3 under the Official Secrets Act for allegedly sharing confidential information with a Pakistani intelligence operative.
Defence counsel Rhishikesh Ganu argued that the accused could not be compelled to undergo these tests and pointed out that the entire case was built on telephonic communication and electronic devices, which were in possession of the ATS.
The judge, in his order, stated, “…I am of the view that the accused cannot be forced to undergo either a polygraph test or voice layer and psychological analysis test without his consent.”
Referring to a Supreme Court judgment, the court emphasized that it is well-established law that no individual should be forcibly subjected to such techniques, whether in the context of a criminal investigation or otherwise, as it would constitute an unwarranted intrusion into personal liberty.
“Considering the overall discussion and relying on the landmark judgment of Smt Selvi and Ors. VS State of Karnataka, I am of the view that both the applications are liable to be rejected,” the order concluded.
Previously, in the ATS chargesheet for this case, it was alleged that Kurulkar had a connection with a Pakistani intelligence operative and engaged in conversations with her about Indian missile systems and other classified defense projects.
