Two judges of the Andhra Pradesh High Court comprising a division Bench differed with one another over the issue of permitting investigating agencies to take up polygraph test and brain mapping (P-300) on B. Ramalinga Raju and two other main accused in the Satyam Computers scam.
One judge said that the proposed tests were unconstitutional while the other said that these were permissible.
Accused file pleas
The Bench was hearing petitions filed by Raju, his brother B. Rama Raju and Vadlamani Srinivas. These petitioners challenged the permission granted to the investigating agencies to conduct the tests. A single judge had referred the matter to a division Bench comprising Justice A. Gopala Reddy and Justice Samudrala Govindarajulu.
After extensive arguments by the counsels for the petitioners and the Central Bureau of Investigation (CBI), the Bench delivered its judgment on Friday afternoon.
Mr. Justic Gopala Reddy said that the polygraph test and brain mapping were violative of Article 21 of Constitution of India which guarantees right to life.
Differing with this opinion, Mr. Justice Govindarajulu said these tests were constitutional and legal. The judge held that any hindrance to these tests would affect the right of the investigative agency to pursue its investigations.
