Tunda, who was produced before Chief Metropolitan Magistrate Amit Bansal, told the court that he does not want to undergo brain mapping test. "I am a person of about 72 year of age and I am suffering from various aliments. Recently one pacemaker has also been inserted in me and I am also suffering from high blood pressure. In these circumstances and my medical condition, I do not want that brain mapping test be conducted upon me. I specifically decline my consent for getting conducted the brain mapping test upon me. I understand the meaning and consequences of this," Tunda told the court.
The Special Cell of Delhi Police had yesterday moved an application for court's permission to conduct Tunda's brain mapping test in a bid to unearth the terrorist network of his associates in India and Pakistan.
During the arguments on the application, advocate M S Khan, who appeared for Tunda, told the court that an accused cannot be compelled to undergo such a test. He also cited a 2010 judgement passed by a three-judge bench of the Supreme Court saying such tests cannot be conducted on the accused in the absence of his consent.
Public Prosecutor Rajiv Mohan too referred to the same judgement of the apex court saying certain guidelines were framed by the bench in this regard. The court, however, declined the police plea citing Tunda's old age, his health condition and his refusal to give his consent. The police in its plea had said that the test would help them in probing "grand conspiracies" being hatched by "forces inimical to the security and sovereignty of the nation".