No scientific tests on accused, HC tells SIT

The Mumbai High Court on Wednesday restrained the Special Investigating Team (SIT) probing the fake stamp paper scam from subjecting an accused, Anil Gote, to scientific tests till January six and adjourned until then his petition challenging such methods of investigation.

Gote had challenged a special court's order which allowed the SIT to conduct P-300 brain-finger printing, lie detector and narco-analysis tests on him and eight other accused including the prime accused Abdul Karim Telgi.

Hearing Gote's petition, Justice C S Dharmadhikari observed the High Court had earlier posted to January six a similar petition filed by the co-accused Ramachandra Rama Reddy.

As Gote's petition was on the same lines, his petition would be tagged on to Reddy's and heard by a Division Bench, he said.

Defence lawyers Satish Maneshinde and Sayaji Nangre appeared for Gote, while A Chimalkar represented the prosecution.

Earlier, the High Court had allowed SIT to perform scientific tests on Telgi but restrained it from subjecting Reddy to such tests unless his petition challenging the December 15 order of a special court in this regard was heard and disposed of.

Accordingly, Telgi underwent a lie detector test at a forensic lab at Bangalore on December 19.

Reddy had challenged the lower court order allowing the scientific tests on nine accused.

The court had granted relief only to Reddy and posted the matter for admission on January six next. Gote is the second accused to challenge the order.

Gote argued that these tests involved injecting chemicals into the body and the accused could be forced to take them.

They said the tests were violative of the constitution which laid down that an accused could not be forced to become a witness against himself.

The court had ordered tests on Telgi, Gote, Reddy, Anil Shah, Manoj Mehta, Dilip Kamath, Abdul Azim Telgi, Abdul Rashid Kulkarni and Dattatreya Dal.

Kamath and Dal are suspended cops, while Gote is the sitting MLA from Dhule.

Meanwhile, a special court will hear the bail application moved by incarcerated former Mumbai police commissioner R S Sharma in connection with the multi-crore fake stamp paper racket here on Thursday.

The main matter which the court will hear in connection with Sharma's bail application relates to his plea asking that the video compact disc (VCD) which the Special Investigation Team (SIT) has shown to the court in-camera be shown to the defence counsel and others.

The prosecution, while opposing the bail plea, had asked the judge to see a VCD in-camera, the contents of which were not shown to the defence counsel and others.

This was opposed by Sharma saying he has a right to see it to prepare his defence.

Sharma, who was arrested on December one for his alleged role in shielding the prime accused Abdul Karim Telgi, had filed an application recently saying he has not committed any offence and hence should be released on bail.

Considering the fact that he was a retired officer, there was no possibility of him interfering in the investigation, the former police commissioner said.

The SIT, however, had in an application opposed the bail plea of Sharma saying there was prima facie evidence against him and also the investigation had just begun so there was no reason for granting him bail.