IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 24645 of 2009(Q) ----------------------- PETITIONER(S): --------------- 1. ASIYA, AGED 43 YEARS,W/O. T. ABDUL RAHIMAN, HILL TOP, NEW BEVINJA, P.O., CHENGALA, KASARGOD. 2. ABBAS M.A., AGED 49 YEARS, S/O. MUHAMMED KUTTY HASJI, HILL TOP, NEW BEVINJA, P.O., CHENGALA, KASARGOD. 3. MUHAMMED IRSHAD A.R, AGED 27 YEARS, S/O. T. ABDUL RAHIMAN, HILL TOP, NEW BEVINJA, P.O., CHENGALA, KASARGOD. 4. ABDULLA RASHAD A.R, AGED 22 YEARS, S/O. T.ABDUL RAHIMAN, HILL TOP, NEW BEVINJA, P.O. CHENGALA, KASARGOD. BY ADV. SRI.T.RAMPRASAD UNNI SRI.S.M.ALTHAF -2- RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO HOME DEPT. GOVT. SECRETARIAT,THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, CB, CID, KANNUR. GOVERNMENT PLEADER SRI. HRITICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C) No. 24645 of 2009 * * * * * * * * * * * * * * * * * * Dated: Ist day of June, 2010 JUDGMENT In this Petition filed under Art. 226 of the Constitution of India, the first petitioner who is the wife of one Abdul Rahiman and the 2nd petitioner who is the younger brother of the first petitioner and petitioners 3 and 4 who are the sons of the first petitioner and deceased Abdul Rahiman, seek a direction to declare that the polygraph test, brain mapping that and narco analysis test which the learned J.F.C.M. I, Kasaragod has ordered to be conducted as per Ext.P7 order dated 23-7-2009 against the petitioners are unconstitutional and, therefore, void. 2. In the light of the recent decision in 2010 (1) KLT 705 (SC) - Selvi and others v. State of Karnataka the above tests cannot be conducted unless the subject concerned consents to the same. Ext.P7 order is therefore, quashed and the investigating agency is restrained from conducting the above tests on the petitioners without their consent. The Investigating Agency may resort to other scientific methods of investigation to book the culprits who may or may not include the petitioners. V. RAMKUMAR, (JUDGE) W.P. (C) No. 24645 of 2009 -:2:- ani.