had not so far conducted narco analysis and polygraph tests on Lokhande and Narkhede. The CBI counsel had contended that the agency was awaiting the Supreme Court’s verdict on the validity of such tests as investigative tools. Reacting sharply to this evasive response, the judge had remarked, “If the CBI can conduct such tests on the suspects in the Arushi Talwar case, why not in this case? Why are you adopting double standards — one standard in Delhi and another in Maharashtra? Or are you doing so only in this particular case?” Today the CBI engaged none other than Gopal Subramaniam, additional solicitor general, to be its counsel in the case. When Justice Khandeparkar asked Subramaniam about narco tests on Lokhande and Narkhede, the counsel said, “It has been the practice of the CBI to take the consent of the persons concerned before conducting narco tests. In this particular case, the agency has not been able to get their consent.” Once again, this prompted the judge to administer a rebuke to the CBI: “I know of two instances in Maharashtra alone in which the CBI has conducted narco tests without the consent of the persons concerned.” The judge also remarked, “Even without narco tests, there is sufficient information on record already for the agency to investigate the role of others.” In the final para of the written submissions on behalf of Smt. Rajni Patil, Shri Jethmalani quoted the following lines from a recent speech by Smt. Pratibha Patil, President of India: “The
