Zee Group Chairman Subhash Chandra, named in the FIR lodged in the alleged Rs 100 crore extortion bid from Naveen Jindal's firm, today agreed before a court here to undergo lie-detector test but his two arrested editors refused to do so.
Chandra said he can be subjected to the test on the condition that he be informed about its procedure.
However, the two arrested Zee editors Sudhir Chaudhary and Samir Ahluwalia, accused in the extortion bid case, refused to undergo the test but agreed to give their voice samples.
Metropolitan Magistrate Gaurav Rao, meanwhile, has issued production warrant to the editors for tomorrow and also sought presence of Chandra before it.
"To secure presence of the accused persons before the disposal of their applications under consideration. Accordingly, issue production warrant for both accused (Sudhir and Samir) on December 13.
"As far as Chandra is concerned, his counsel Vijay Aggarwal has informed this court that he is ready to undergo lie detector test subject to the techniques used by the investigative agency for the test...Nonetheless, I deem it fit to secure his (Chandra) presence on December 13," the judge said.
Aggarwal, while agreeing to the test, said that his client will undergo it only if the probe agency informs them of the process under which they will conduct the test.
He said,"Chandra is undergoing some serious treatment and so before taking the test, he will need to consult his doctors abroad."
The Crime Branch of Delhi Police had moved an application seeking to subject Chandra and his channel's two editors, lodged in jail in the case, to a lie-detector test saying it is required to bring the truth on record.
During the hearing, Aggarwal said his client is consenting to the lie detector test "to establish his truthfulness" as his image has been tarnished in this case by vested interests.
He, however, accused the investigating agency of being biased against his client saying the police has not moved a plea for subjecting Congress MP Navin Jindal to lie detection test to ascertain the truth behind the allegations.
"That further the bias of the investigating agency is established from the fact that the investigating officer prayed for the lie detector test of the respondent and other accused but to ascertain the truth the investigating officer ought to have prayed for lie detector test of Navin Jindal as the investigation is not only to prove the allegation of the complainant but to find the truth," he said.
Aggarwal also sought release of Chandra's passport for a period of 30 days and to allow him to visit London and New York to consult his doctors saying their consent would be necessary before he undergoes the test.
Sunil Mittal and R N Mittal, counsel for the two Zee editors, said their clients are not consenting to the test as they fear that the investigation in the case is being influenced by Navin Jindal.
"That the respondent is having apprehension that the investigation is conducted under the influence of the complainant as the respondent has been falsely implicated and illegally arrested under wrong sections of IPC and in contravention of CrPC, 1973.
"Also as per the status report filed by the investigating officer it is stated that the CD produced by the complainant about the alleged conversation is not doctored, though it is so.
"That further it is the complainant who by alleging false facts and by making the concocted story is trying to malafidely implicate the respondent in false case. Thus respondent in view of above apprehensions is not giving consent for lie detector test," the counsel said.