Kolkata rape-murder case: No lawyer is willing to represent Sanjay Roy, the primary suspect in the Kolkata rape and murder case, News18 reported.
Roy is accused of raping and murdering a trainee doctor at the R G Kar Medical College and Hospital. Her body was found on August 9. There have been waves of massive protests around the world since then.
While the legal situation seems to have occurred because lawyers are taking a moral stand, the absence of a lawyer is stopping the Central Bureau of Investigation (CBI) from going ahead with the investigation.
The CBI cannot conduct a polygraph test, commonly known as a lie-detector test, without the accused's consent.
A polygraph test cannot proceed without Sanjay Roy's consent. His approval is mandatory.
A lawyer can explain the implications of the test, provide legal advice and help Roy make an informed decision. His consent can be legally obtained only if he agrees after understanding his rights and the potential consequences.
As per the Journal for Law Students and Researchers, a subject “should have the knowledge of that test and legal implications of the test” while agreeing to the test.
Sanjay Roy can refuse the polygraph test completely. Since the test requires his consent, he can decline it altogether. His consent cannot be forced. Legally, a polygraph test requires voluntary consent.
Forcing someone to undergo such a test without their agreement would violate their rights and could render the results inadmissible in court, as per Indian law.
As Roy is struggling to find a lawyer, a legal aid attorney has been appointed to handle his defence, according to News18. The court appoints a legal aid lawyer to represent someone who cannot afford to hire a private lawyer.
Legal aid lawyers provide their services either for free or at a significantly reduced cost to the client, with the funding typically coming from the government or a nonprofit organisation. Legal aid lawyers are fully qualified and licensed, but they are assigned to the case rather than being chosen by the client.
