IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 18539 of 2007(F) --------------------------------------- CMP.1340/2007 of J.M.F.C.-I,TRIVANDRUM .................... PETITIONER(S): ------------------------ REGHUNATHAN, S/O.KARUNAKARAN, AGED 60 YEARS, RESIDING AT T.C.50/1665 (5), KALADY, KARAMANA, THIRUVANANTHAPURAM. BY ADVS. MR.B.SATHIQ MR.C.ANIRUDHAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE ASSISTANT COMMISSIONER OF POLICE, POLICE CONTROL ROOM, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM. 4. THE CHAIRMAN, NATIONAL HUMAN RIGHTS COMMISSION, SARDAR PATEL BHAVAN, SANSAD MARG, NEW DELHI-1. GOVERNMENT PLEADER MR.T.K.VIPINDAS FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18539/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE POLICE REPORT BEFORE J.F.M.C-I, T.V.M. P2:- COPY OF THE ORDER IN CRL.MC. NO.835/2006 DT. 26.4.06. P3:- COPY OF THE C.M.P. NO.1340/07 DT. 16.3.07. P4:- COPY OF THE OBJECTION. P5:- COPY OF THE ORDER IN CMP.NO.1340/07 DT. 25.4.07. P6:- COPY OF THE GUIDELINE NO.117/8/97-98 DT. 11.1.2000. P7:- COPY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS. P8:- COPY OF THE INTERNATIONAL COVENANT ON CIVIL AND PUBLIC RIGHTS. P9:- COPY OF THE REPLY BY GOVERNMENT OF INDIA. TRUE COPY P.A. TO JUDGE TSS HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C).No. 18539 of 2007 ---------------------------------------- Dated this the 17th day of March, 2009 JUDGMENT The petitioner who is the 3rd accused in Crime No. 28/2006 of the Karamana Police station, Thiruvananthapuram, approached this Court to quash Ext.P5 order passed by the Judicial Ist Class Magistrate's Court-I Thiruvananthapuram. By Ext.P5 order the learned Magistrate has permitted the Police authorities to subject the petitioner to polygraph test. The offence alleged against the petitioner is theft and criminal breach of trust under Section 406, 379 read with 34 I.P.C 2. The learned counsel for the petitioner submitted that the involuntary polygraph test is violative of the fundamental rights, that the order to subject the petitioner to polygraph test would encourage testimonial compulsion and self-incrimination and requested this Court to quash Ext.P5 order . 3. This court in writ petition No. 17418/2006 directed the Director General of Police , Kerala to entrust the investigation in the above said crime to an officer not below the rank of a Deputy Superintendent of Police of proven capacity and also to ensure that the Investigating Officer take up the investigation seriously and file a statement before the Court within 45 days . 4. Pursuant to the above direction of this Court the Assistant W.P.(C) No. 18539 of 2007 -2- Commissioner of Police, Police Control room has conducted the investigation. The then Investigating Officer filed a report before the learned Magistrate for taking necessary steps to subject the petitioner to Polygraph test . The learned Magistrate passed the impugned order holding that the conduct of polygraph test is just and proper for the fair investigation of the case. 5. I have gone through the statement submitted on behalf of the Assistant Commissioner of Police, the 3rd respondent herein. The details of the investigation is narrated in the said statement dated 21.7.2007 . The learned Magistrate is also taken the view that polygraph test is necessary for the fair investigation of the case. I do not find any reason to interfere with the order under challenge. This writ petition is disposed of . (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C).No. 18539 of 2007 ---------------------------- JUDGMENT 17th March, 2009