Jammu and Kashmir Court Rejects Narco Test for Pahalgam Attack Accused Without Consent

Quick Summary

• A special Jammu court rejected the National Examination Agency’s (NIA) plea to conduct a narco test on two accused in the Pahalgam terror attack case without their consent.
• The terror attack in Pahalgam, Anantnag district, killed 26 civilians on April 22, 2025.
• The accused are Bashir Ahmad Jothatd and Parvaiz Ahmed, residents of Pahalgam and members of the Gujjar-Bakarwal community.
• NIA argued that narco or polygraph tests were necessary as inconsistencies in their statements were hampering investigations into allegations that they provided logistical support to the terrorists responsible for the attack.
• The court highlighted that no voluntary consent from the accused was obtained by NIA for these tests and ruled that such a request was not maintainable under legal provisions.

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Indian Opinion Analysis

The ruling by Jammu’s special court reinforces established legal standards around individual rights during custodial interrogation processes. Without voluntary consent, investigative agencies like NIA cannot mandate intrusive methods such as narco analysis or polygraph tests. This decision highlights concerns about balancing effective investigation techniques with safeguarding constitutional protections against self-incrimination.

Given the gravity of a massacre involving civilian lives and its implications for national security, this setback could slow down investigative progress but underscores adherence to procedural integrity within India’s justice system. Furthermore, attention may pivot towards choice investigative strategies while continuing efforts to uncover actionable leads against those involved in facilitating terrorism.