A Delhi court on Thursday rejected the bail petition of top Maoist leader Kobad Ghandy and directed the All India Institute of Medical Sciences to find out whether he is medically fit to undergo a narco-analysis test as requested by the police.
Chief Metropolitan Magistrate Kaveri Baweja directed the Medical Superintendent of the premier institute to constitute a medical board to ascertain the health condition of Ghandy and asked him to file a report in the court in this regard by October 29.
The court passed the order after Ghandy's lawyer strongly opposed the plea of the Delhi Police for conducting narco-analysis test on him on the ground that he was suffering from heart disease and cannot withstand such a test.
Delhi Police had on Wednesday moved the application for conduct of narco-analysis test on Ghandy arguing that they could not extract "all useful" information due to his non-cooperation despite using all scientific methods during the interrogation.
Rebecca M John, the counsel for the accused, also contended that consent of the accused in conducting such tests should be mandatory and said that the issue of whether consent of the accused was necessary for such a test is still pending in the Supreme Court.
John declined the consent for conduct of narco-analysis test on the CPI (Maoist) Politbureau member.
"During investigation, a number of CDs, including one showing Ghandy being greeted and cheered by armed supporters of the Communist Party of Nepal, had been recovered," Public Prosecutor Naveen Kumar had told the Chief Metropolitan Magistrate on Wednesday.
In the plea for narco-analysis test on Ghandy, the police had claimed that 'despite using all scientific methods of interrogation and efforts, the accused did not give full cooperation and did not disclose all useful information.'
The police had on Wednesday again referred to the killing of Jharkhand Police Inspector Francis Induwar, who was beheaded after being abducted, to claim that Ghandy had a strong link with Maoists because the ultras had demanded his release, along with Chhatradhar Mahato and another leader, in exchange for the safety of Induwar.
Ghandy's counsel, however, denied all charges claiming the police could not prove if the CDs showing the accused being hailed was related to the events, which took place after the Centre banned CPI (Maoist) on June 22 this year.
