Consent of DRDO scientist held for leaking confidential information not needed for tests: ATS to court

The Maharashtra Anti-Terrorism Squad (ATS) has told a court here that it does not need the consent of DRDO scientist Pradeep Kurulkar, arrested in an alleged espionage case, for subjecting him to voice layer and psychological analysis tests.

Kurulkar, director of a laboratory affiliated to the Defense Research and Development Organization, was arrested by the ATS on May 3 on charges of leaking confidential information to a Pakistani intelligence operative.

The prosecution had earlier requested the court to seek his consent for a polygraph test, voice layer analysis (VLA) and psychological analysis.

But Kurulkar’s lawyer argued that these tests were unnecessary, and forcing him to undergo them would violate his fundamental rights under the Constitution.

“The accused’s consent is required for narco as well as polygraph tests since the evidence obtained through these tests can be used against him. However, in the layered voice analysis test, the evidence does not go on record. This test is solely performed to ascertain the truthfulness of the statements made by the accused, and in this case, the consent of the accused is not mandatory. We have said this in our written reply filed in the court,” said prosecutor Vijay Fargade on Friday.

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An LVA test is conducted to understand a subject’s mental state and emotional condition by analyzing the content of their speech in response to various sets of questions.

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Meanwhile, defense counsel advocate Rhishikesh Ganu said he has filed an application before the court requesting access to the confidential documents that are part of the chargesheet filed by the ATS as these documents are essential to determine the further course of action for the defense.

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