Rahul Mahajan files caveat in the Supreme Court Friday, July 21 2006 17:49 Hrs (IST) - World Time -
New Delhi:
Rahul Mahajan, son of the late BJP leader Pramod Mahajan, today (July 21, 2006) filed a caveat in the Supreme Court to prempt any possible move on the part of Delhi Police to get an ex-parte order against Delhi High Court's direction staying his brain mapping test in the drug snorting case.
"Yes we have filed a caveat in the Supreme Court in connection with the High Court order in this case," Ankur Chawla, "said one of the counsel representing Rahul.
Now if the Delhi Police moves the apex court against the High Court order, the former would not pass any orders without hearing Rahul's counsel.
On a petition by Rahul, the High Court had yesterday stayed the June 29 order of the trial court for his brain mapping test in the case.
The High Court had asked the Delhi Police to respond to Rahul's petition within two weeks and posted the matter for further hearing to August 18.
Rahul Mahajan had challenged the trial court's order on the ground that subjecting him to brain mapping test was a gross violation of his privacy and negation of Article 21 of
the Constitution (right to life and liberty).
Asserting that such a test had no evidentiary value under the Indian law, senior counsel Harish Salve had submitted on his behalf that neither the police nor the courts in the
country had a right to 'invade' the mind of an individual.
He had told the High court that the brain mapping test involved connecting as many as 32 electrodes to the scalp of the victim and reading the brain reactions of the person.