Cannot compel Rahul Gandhi to produce evidence against himself: Pune court in defamation case
A Pune court on Thursday rejected an application requesting a copy of the book Congress leader Rahul Gandhi had allegedly referred to while making an allegedly defamatory speech about Hindutva ideologue VD Savarkar in London, Live Law reported.
Special Judge Amol Shinde of the MP/MLA court dismissed the plea filed by complainant Satyaki Savarkar, stating that Gandhi cannot be compelled to produce material that could be used as evidence against him, as it would violate his right against self-incrimination.
The complainant is VD Savarkar’s grand-nephew.
The court agreed with the argument made by Gandhi’s lawyer that since Satyaki Savarkar had filed a private complaint, the burden of proof lies with him to establish the allegations beyond reasonable doubt, Live Law reported.
“The accused cannot be compelled to disclose his defence before the commencement of the trial,” the court said.
Forcing Gandhi to provide the book at this stage would violate his right to a fair trial and his ability to mount an effective defence, the court held.
The application, filed by Satyaki Savarkar, claimed that the book Gandhi allegedly relied on to make the remarks was crucial and should be made available to the complainant. He claimed that the book cited by Gandhi simply did not exist, PTI reported.
He also noted that the court had earlier allowed Gandhi to access copies...
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