Delhi High Court - Orders
Daya Malik vs Cbi And Ors on 8 February, 2019
Author: Najmi Waziri
Bench: Najmi Waziri
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1318/2013, CRL.M.A. 9011/2018
DAYA MALIK ..... Petitioner
Through: Mr. Rahul Rastogi, Advocate.
versus
CBI AND ORS ..... Respondents
Through: Mr. Sanjeev Bhandari, SPP for CBI
alongwith Mr. Prateek Kumar,
Advocate.
Mr. Chetan Lokur, Advocate (Amicus
Curiae).
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 08.02.2019 Mr. Chetan Lokur, the learned Amicus Curiae submits that there are evident unexplained lacunae in the investigation. In particular, there is a failure to conduct Narco-Analysis test of Shri Ruhi Bhan, who had consented before the Trial Court on 05.03.2004 that he was willing to undergo the said test. He left the country in 2008, purportedly for Ireland where he stated to be now residing. However, there is nothing worthwhile, coming forth from the investigation report, as to why such test was not conducted upon him. He also refers to the Report dated 03.08.2003 of National Institute of Mental Health & Neuro Sciences, Bangalore which opined and recommended as under:-
"Summary of Findings: The findings indicate the presence of experiential knowledge that Shri Ruhi Ban visited Ms Sonia Malik's residence after he returned from Gaziabad on November 9, 2003 and that he was involved in the assault and murder of Ms Sonia Malik. The ERP findings also indicate the presence of experiential knowledge indicating that another person helped him in the assault".
Similarly, the Report dated 10.12.2003 of the Forensic Science Laboratory, Gandhinagar, Gujarat too has concluded as under:-
"Report of Forensic Hypnosis:-
An attempt was made to put Sh.Ruhi Bhan on forensic hypnosis. However trance could not be induced successfully. Looking to the cooperativeness and willingness to undergo all the tests required and demanded of I.O. in view of his polygraph and Brain fingerprinting reports, it is recommended that he may be subjected for narco analysis for a clear picture".
The learned Special Public Prosecutor for CBI seeks time to obtain instructions. He further submits that the Trial Court Records are required for disposal of the application apropos conduct of Narco test on one Manish Sharma. He further submits that they would be filing for an early hearing application before the Trial Court. The petitioner and the learned Amicus Curiae shall be duly informed by the CBI (IO) about the dates when the case is listed before the Trial Court. The TCR has been digitized for the ready reference of this Court. Hence, let the TCR be returned back to the Trial Court within three days from today.
List on 04.04.2019.
NAJMI WAZIRI, J FEBRUARY 08, 2019 RW