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Bashir Ahmad and Parvaiz Ahmad were arrested on charges of harbouring and providing food and other logistical support to the Pahalgam terrorists
The NIA is India’s premier agency investigating all terror cases. (File pic/PTI)
The Special NIA Court in Jammu has dismissed an application filed by the National Investigation Agency (NIA) seeking permission to conduct polygraph and narco-analysis tests on accused Bashir Ahmad Jothatd and Parvaiz Ahmad in connection with the April 2025 Pahalgam attack.
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The case pertains to “selective firing based on religious identity of tourists on 22.04.2025 by some unknown terrorists using automatic weapons under a pre-mediated conspiracy at behest of foreign handlers which led to death of 26 tourists and grievous injuries to few others”, the court notes accessed by News18 showed.
The NIA told the court that “above said accused Bashir Ahmad Jothatd (A-1) and Parvaiz Ahmad (A-2) were arrested on 22.06.2025 in the case as they have harbored, provided food and other logistics support to the terrorists before commission of the crime”. It further submitted that “the above-named accused persons are presently in police custody, and are inconsistent on various points in their statements and this is hampering investigation”.
The agency argued that “the polygraph/Narco test of the accused needs to be conducted to get precise and substantial leads regarding the investigation”. It also said that “the above-named accused persons have volunteered to Lie Detector Test and Narco analysis test to prove their innocence and has given their consent”.
Referring to Supreme Court precedent, the NIA stated: “The Hon’ble Supreme Court of India in Selvi & others v/s State of Karnataka reported in 2010(7) SCC 263 has held that no individual should be forcibly subjected to any of the techniques in question, whether in the context of investigation in criminal case or otherwise. However, we do leave room for the voluntary administration of the impugned techniques in the context of criminal justice, provided that certain safeguards are in place.”
The agency therefore prayed that “this Court may be pleased to allow this application and permit the NIA to conduct Polygraph/Narco Analysis test on both the accused persons with the help of experts of Central Forensic Science Laboratory (CFSL) in the interest of investigation”.
However, after being produced in court, “both the accused persons have submitted in open court that they are not willing to undergo polygraph/ narco analysis test”, the order stated.
The court held that “involuntary administration of scientific techniques such as narco-analysis, polygraph examination test would violate the ‘right against self-incrimination’ enumerated in Article 20 (3) of the Constitution”.
Citing Selvi & Ors vs State of Karnataka (2010) and National Human Rights Commission guidelines, the court concluded: “In view of detailed discussion made herein above and keeping in view the fact that both the accused persons have submitted in court today that they are not willing to undergo polygraph/ narco analysis test, the application is accordingly dismissed.”
The order was pronounced on August 29, 2025, by Additional Sessions Judge, Designated Special Court, under the NIA Act, Jammu.
About the Author
With over 15 years of journalistic experience, Ankur Sharma, Associate Editor, specializes in internal security and is tasked with providing comprehensive coverage from the Ministry of Home Affairs, paramilitar…Read More
With over 15 years of journalistic experience, Ankur Sharma, Associate Editor, specializes in internal security and is tasked with providing comprehensive coverage from the Ministry of Home Affairs, paramilitar… Read More
September 11, 2025, 19:27 IST
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