An alleged Lashkar-e-Toiba bomb expert, Tunda, refused to give his consent for brain mapping test. (AP)
A city court on Thursday dismissed a plea by the Delhi Police’s Special Cell to conduct a brain mapping test on Abdul Karim ‘Tunda’ after the alleged Lashkar-e-Toiba bomb expert refused to give his consent for it.
The 72-year-old Tunda told Chief Metropolitan Magistrate Amit Bansal that since he was suffering from various ailments and his health was deteriorating, he did not want to undergo the test. According to Tunda, he suffering from heart problems for which he has got a new pacemaker and high blood pressure.
After his refusal, Tunda’s lawyer referred to the guidelines laid down by the Supreme Court in 2010 which state that “no lie detector tests should be administered except on the basis of consent of the accused. An option should be given to the accused whether he wishes to avail such test.”
The police had told the court that it wanted to conduct the test to figure out the terrorist network in India and Pakistan.
On Wednesday, the Special Cell had moved the application for the test based on observations by a forensic team which stated that Tunda was “exploiting his old age and related illnesses to his advantage” and not cooperating in the probe. Tunda was “cautious and guarded” during his interrogation and hence, his responses were unreliable, police said. Since Tunda could not be kept in police custody beyond the time limit prescribed in the Criminal Procedure Code, a brain mapping test was required, the application had said.
The court also extended the police custody of Tunda’s father-in-law Mohammad Zakaria until September 30 to allow the police to take the accused to hideouts in West Bengal from where they allegedly planned bomb blasts in Delhi and other states.