However, the Court rejected the argument reasoning that since the respondent was not an accused, the protection under Article 20 would not apply to him.
“There is no question of conviction of the respondent. Article 20(3) of the Constitution of India provides that no person/accused of any offence shall be compelled of the witness against him. Admittedly, the respondent is not an accused”, the order explained.
Source: Barandbench