High Court annuls summon order
Source: Hueiyen News Service
Imphal, April 24 2012:
The Gauhati High Court, Imphal Bench today annulled the order of Judicial Magistrate, First Class, Imphal East summoning M Roshnipiba, Secretary of High Court Bar Association and Md Abdul Salam, Attendant to be present before the court today at 10:30 am, until further order.
The order of the Gauhati High Court, Imphal Bench came after a complaint was made to the High Court regarding their alleged voluntariness to undergo Forensic Psychological Test including Polygraph Lie Detection Test.
The order given by Justice PK Saikia has further issued notices to concerned persons to reply within one month from today.
Though the High Court annulled the summon order of M Roshnipiba and Md Abdul Salam, it however gave permission to change the order as such to the respondents.
The complaint stated that the order dated 17.04.2012 is questionable on the ground that it is illegal, void and not in accordance with law.
They have been so called along with 10 other persons to record their statements on the point of their voluntariness to record their statement and undergo Forensic Psychological Test including Polygraph Lie Detection Test, which they have never consented.
As such, the direction of the Magistrate requiring them to appear before the court to have their statement recorded on the point of their voluntariness is not legal and the High Court should declare the summon order to be null and void, it pleaded.
It may be mentioned that a case was brought up to Gauhati High Court, Imphal Bench regarding detention and threatening of Md Abdul Salam, Attendant of High Court Bar Association by Imphal East Manipur Police and their act of scattering of the cause list.
Accordingly, Justice T Vaiphei issued an order for a CBI investigation into the case.
The CBI in its investigative process requested the Judicial Magistrate, First Class, Imphal East to undergo Forensic Psychological Test including Polygraph Lie Detection Test for M Roshnipiba, Secretary, High Court Bar Association and Md Abdul Salam, Attendant.
So, both of them were summoned before the court at 10:30 am today.