JOIN USHearing an appeal filed by Halappa challenging the lower court order directing him to give blood sample for DNA test, Justice Kumaraswamy asked the prosecution to explain to the court regarding the purpose of taking blood sample of Halappa.
The Court has also directed the prosecution to secure the documents from the lower court pertaining to the court's order on DNA test and at the same time directed the prosecution to explain the purpose of DNA test as the offence took place five months ago.
Senior counsel Ravi B Naik, defending the former Minister submitted that his client underwent all the medical test after he was taken into judicial custody and no further test is required. “The State has no power to compel the petitioner to give blood sample as it amounts to the violation of fundamental rights of the accused,” he said.
He said that without collecting the sufficient material, prosecution needs blood sample of the petitioner, the lower court did not consider these aspects while granting permission. The counsel pointed out that it is not correct on the part of the police to collect the blood samples from the petitioner. “The lower court has not applied its mind in this case,” he submitted. The matter has been adjourned to Wednesday.