Overview

• Additional Sessions Judge Sandeep Gandotra dismissed the NIA application in an order dated August 29, with the decision becoming public on September 11.
• The court recorded that Bashir Ahmad Jothatd and Parvaiz Ahmad declined to undergo the tests after the procedures were explained to them in Urdu in open court.
• Citing Article 20(3) and Selvi v. State of Karnataka, the order held that involuntary polygraph or narco procedures breach the constitutional protection against self-incrimination.
• The NIA had argued the men were inconsistent in statements, claimed they had volunteered, and sought the tests to obtain precise leads, but the court emphasized consent and NHRC safeguards.
• Both men were arrested in late June under Section 19 of the UAPA for allegedly harbouring the April 22 attackers who killed 26 people; the broader investigation continues, and the three identified assailants were neutralised on July 28.