Whether a person can be coerced or duped into undergoing narco analysis and brain mapping test?

1. The council for Respondents respectfully asserts that the publications by APQ and TMZ
do not advocate for coercion or deception in administering narco analysis and brain
mapping tests. These publications merely reported on the events surrounding these tests,
without endorsing any particular viewpoint on the ethical or legal aspects of such
procedures.
2. The respondents were not privy to the specific circumstances under which the tests were
conducted, including whether consent was obtained or if any form of duress was
involved. As such, their reporting was based solely on the information available to them
from their sources which they believe to be true. The respondents have published the
article without any malicious intent or preconceived bias.
3. The respondents aim to uncover truths that impact the welfare of society. In this instance,
the respondents operated in accordance with this principle, seeking to shed light on
matters of public interest without seeking to defame or harm Mr Sukham’s reputation.
4. The essence of journalism lies in its role as a watchdog of society, holding individuals
and institutions accountable for their actions. The respondents, through their reporting,
fulfilled this role by bringing attention to issues that affect the public’s trust in the legal
system and judicial appointments as Mr Sukham was nominated as a judge of Bombay
High Court
5. The Court in Union of India and others v. Motion Picture Association and others
explaining the significance of “free speech has observed that free speech is the
foundation of a democratic society and a free exchange of ideas, dissemination of
information without restraints, dissemination of knowledge, airing of differing
viewpoints, debating and forming one’s own views and expressing them, are the basic
indicia of a free society”
6. Press plays a crucial role in fostering transparency and accountability within society. By
disseminating information to the public media outlets empower citizens to make
informed decisions.
7. By adhering to professional standards of journalism, the respondents upheld the integrity
of the press and contributed to the public's trust in the media as a reliable source of
information, therefore the article published is true and the respondents have not tried to
defame Mr Sukham.
8. The freedom of the press is enshrined as a fundamental right under Art 19 (1)(a) of
Indian Constitution upholding this freedom is essential for safeguarding democracy and
ensuring that the public has access to diverse perspectives and opinions.
9. The respondents' commitment to informing the public about issues of significant public
concern underscores the importance of protecting journalistic endeavors from undue
interference or censorship. Freedom of the press is essential for ensuring a vibrant and
informed public discourse.
10. Ultimately, the respondents' actions in reporting on the events surrounding the narco
analysis and brain mapping tests was just in good faith to serve public interest and not to
defame Mr Sukham.
11. Therefore, we agree that no person should be coerced or duped into narco analysis and
brain mapping test.