SRINAGAR: A special National Investigation Agency (NIA) court in Jammu on Thursday, September 11, dismissed the agency’s plea seeking permission to conduct narco analysis and polygraph tests on two accused in the Pahalgam terror attack case without their consent. The April 22 attack had left 26 civilians dead.
“In view of detailed discussion and keeping in view the fact that both the accused persons have submitted in court today that they are not willing to undergo polygraph or narco analysis test, the [NIA] application is accordingly dismissed,” the Additional Sessions Judge of the Designated Special Court ruled.
The court observed that the NIA application was “not maintainable in the eyes of law” as the agency had failed to secure voluntary consent from the accused in custody, a mandatory legal requirement.
The two accused, identified as Bashir Ahmad Jothatd of Baisaran Hill, Pahalgam, and Parvaiz Ahmed of Batkote, Pahalgam, both pony riders belonging to the Gujjar-Bakarwal community, were arrested on April 22, the day of the attack. The NIA, which took over the investigation from the Jammu and Kashmir Police on April 26, alleged that the duo had provided food, shelter, and logistical support to the attackers.
In its plea, the agency argued that inconsistencies in the statements of the accused were hampering the probe and that narco or polygraph tests were necessary to extract “precise and substantial leads”. However, the court maintained that without the accused’s voluntary approval, such tests could not be forced.
