11
WP No.11759/2020
arguments,
t he
Petitioner’s
counsel
specifically brought to the notice of the
Special Court that the Petitioner is not
consenting for Polygraph test and the order
for Polygraph test dated 23-09-2020 was
passed without hearing him, it amounts to
testimonial
compulsion
as
held
by
th e
Hon’b1e Supreme court in the case of Selvi
V/ s State of Karnataka reported in 2010
(7) SCC 263, it interferes in his right to
privacy which is guaranteed as Fundamental
right under Article 21 of the Constitution as
held
in
th e
Puttaswamy
case
of
Mr.
Ju s t ic e
V/
s
Union
of
K.S.
India
reported in 2017(10) SCC Page.1.
2.16. The Special Court, however, by its order
dated
15-10-2020,
rejected
the
recall
application holding that the Court can order