MITTER, J. :- These two Rules involve a point of some importance in the administration of criminal justice. The petitioners contend that the learned Magistrate's order requiring them to attend test identification parades violates their fundamental right under Art. 20(3) of the Constitution which is in these terms :

"No person accused of any offence shall be compelled to be a witness against himself".

2. I have had the advantage of reading the judgment which my learned brother is about to deliver. I should nevertheless like to express my own views on the subject.

3. In my view, the true scope of cl. (3) of Art. 20 of the Constitution was laid down by the Supreme Court in the case of M. P. Sharma v. Satish Chandra, 1954 SCA 449 : (AIR 1954 SC 300). Jaganadhadas, J., delivering the judgment of the Court, observed :

"Indeed, every positive volitional act which furnishes evidence is testimony, and testimonial compulsion connotes coercion which procures the positive volitional evidentiary acts of the person, as opposed to the negative attitude of silence or submission on his part".

It is, in my view, the procuring by compulsion of the positive volitional evidentiary acts of an accu