In a significant ruling in a murder-related criminal case, the Rajasthan High Court has held that a Narco Test cannot be denied merely because the expert conducting the test does not know the witness’s language or the witness is not fluent in Hindi. The court observed that lack of language proficiency cannot be a valid ground for refusing such a test.
Expressing surprise over the matter, the High Court noted that the concerned authority had rejected the Narco Test solely on the basis that the person involved was not fluent in Hindi. The court also set aside the orders of both the lower court, which had accepted the police’s Final Report (FR), and the CBI.
The High Court directed that the case be investigated afresh by an officer of Deputy Superintendent of Police (DSP) rank. The investigating officer has been asked to conduct a thorough probe, including a Narco Test if required, and submit a fresh report before the trial court.
Justice Anoop Kumar Dhand passed the order while hearing a criminal petition filed by Feliram. Referring to Supreme Court guidelines, the High Court observed that a Narco Test team can include a forensic psychologist, anesthesiologist, general physician, psychiatrist, and, where necessary, an interpreter to overcome language barriers.
According to Advocate Gaurav Sharma, who represented the petitioner, Feliram had lodged an FIR at Ramgarh Pachwara Police Station in Dausa district in 2015 following the murder of his brother. However, the Investigating Officer allegedly conducted a deficient investigation and later filed a Final Report. The trial court accepted the FR on September 23, 2022, and dismissed the petitioner’s protest petition. Challenging these orders, Feliram approached the High Court.
The petitioner argued that despite the Investigating Officer seeking permission to conduct a Narco Test, the request was rejected on the ground that the applicant was not fluent in Hindi. The High Court found this reasoning unsustainable and ordered a fresh investigation.
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