A two-member bench of the Andhra Pradesh High Court today delivered a split verdict on a petition filed by B. Ramalinga Raju, disgraced former chairman of Satyam Computers, challenging the CBI move to conduct a lie detection test on him.
While justice Gopal Reddy ruled in favour of the accused, justice Govindarajulu gave a ruling in favour of the polygraph test on Mr. Raju, who is awaiting trial in a multi-crore accounting fraud in Satyam Computers.
As per the judicial procedure, the issue will now be referred to a third judge through the Chief Justice of the High Court, Bharat Kumar, counsel for Mr. Raju told PTI.
A local CBI designated Court last year ruled in favour of the plea made by the investigating agency seeking permission to conduct lie-detection test on Mr. Raju, his brother B. Rama Raju and ex-Chief Financial Officer of Satyam, Vadlamani Srinivas.
The court ordered that the tests should be done within eight weeks.
Mr. Raju and the two other accused filed a petition in the AP High Court challenging the local court’s order.
Justice Gopal Reddy opined that compelling an accused to undergo lie-detection test amounts to human rights violation of the accused under Article 21 of the Indian Constitution.
On the other hand, Justice Govindarajulu felt if the Investigation Officer of the case feels that the polygraph test is necessary, he may be allowed to do so.
The CBI argued that the investigating agency was of the opinion that the accused had not shared “everything” with it and there was need for more evidence, which can be found with a lie-detection test on the accused.