Manoj Prasad, an alleged middleman arrested in connection with a bribery case against CBI officer Rakesh Asthana, on Monday refused to undergo a lie detector test after the CBI filed a plea in a Delhi court.
Chief metropolitan magistrate Deepak Sehrawat was hearing the CBI's application seeking permission to conduct lie detector test and taking voice sample of Mr Prasad and the complainant, Hyderabad-based businessman Satish Sana.
Mr Prasad's brother Somesh and senior advocate Sunil Mittal, other accused in the case, have given their consent for the test.
Mr Prasad's counsel and senior advocate Vikas Pahwa submitted that the report of the test was not admissible as evidence and the accused should not be directed to undergo it as the CBI is not confident of the complaint.
"The filing of the (CBI's) application itself suggest that the version given by the complainant is not reliable. That is why he has also been directed to undergo lie detector test," Mr Pahwa said.
He also raised preliminary objection on the jurisdiction to deal with the application saying it was a case under the Prevention of Corruption Act 1988, and the power was only with the special judge as appointed under the Act.
To this, the court said that it was only recording consent of the parties for the test and referred the matter to a special court. It listed the matter for hearing before a special court on February 7.
The court had on December 18 last year granted bail to Mr Prasad due to CBI's failure to file a chargesheet within the mandatory 60 days.
He was denied bail by the trial court on November 3 last year and later by the Delhi High Court on November 13, which said that the allegations against him were serious in nature.
The CBI had opposed the application saying that the investigation was at a crucial stage.
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