Relief for Virendra Khanna, HC sets aside orders passed by Special Court

BENGALURU: The Karnataka High Court on Friday set aside two separate orders passed by a trial court directing Virendra Khanna, an accused in sandalwood drug case, to furnish the password, passcode of his phone, email account, and also to undergo a polygraph test.Partly allowing the petition filed by Khanna, Justice Suraj Govindaraj set aside both the orders of the Special Court for NDPS Cases, issued on September 14 and 24, 2020. 

Justice Govindaraj said that the examination of a smartphone or an email account is in the nature of a search, and it cannot be done without a search warrant. “The trial court, by merely directing the petitioner to cooperate with the investigating agency, cannot constrain him to provide details such as password, passcode, biometrics, etc., for opening the smartphone or an email account, much less without recording the reasons for it. The process and procedures will have to be followed”, the judge said, while reserving liberty to the prosecution to file necessary applications before the trial court.

On the polygraph test, the judge  said it ought to have taken into consideration the decision of the Supreme Court in Selvi’s case. Mere silence of the said person does not amount to consent. If a person were to refuse the administration of a polygraph, no such test can be administered and, even if it is, the test result cannot be considered by a court of law.  

In this case, Khanna having not consented to a polygraph test and, in fact, having challenged it, refusing the administration thereof, had categorically indicated that he does not wish to be subjected to a polygraph test, the judge noted.