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Rahul Gandhi can't be compelled to be a witness against himself: Pune court

Rahul Gandhi can't be compelled to be a witness against himself: Pune court

India Today7 hours ago
A Pune court has turned down an application that sought to compel Congress MP Rahul Gandhi to submit a book he cited during a 2023 speech, one that is subject to a defamation complaint. The court ruled that "the accused cannot be compelled to be a witness against himself, nor can he be compelled to produce incriminating material against himself".Satyaki Savarkar, grandnephew of Hindutva ideologue Vinayak Damodar Savarkar, had filed the complaint. He alleged that Gandhi defamed Savarkar in his speech and requested the court to direct Gandhi to produce the book as part of the trial.advertisementBut Special Magistrate AS Shinde rejected the plea, saying, 'The accused cannot be compelled to disclose his defence before the commencement of the trial.' The court ruled that forcing Gandhi to present evidence before the trial even begins would violate his right against self-incrimination under Article 20(3) of the Constitution.
The judge further noted, 'If the accused is compelled to produce such evidence prematurely, it would amount to a violation of his fundamental right... The accused is presumed innocent until proven guilty.'Rahul Gandhi's lawyer, Milind Pawar, argued that the defence cannot be made to reveal its strategy or evidence before the trial starts. 'The complainant is required to prove his case beyond a reasonable doubt,' he said. 'The burden of proof lies entirely on the complainant.'Pawar added that allowing the application would harm Gandhi's right to a fair trial. He said it would shift the responsibility of disproving the allegation onto Gandhi, which is not allowed under law. 'Such a direction is neither permitted under criminal procedure nor compatible with constitutional guarantees,' he submitted.The court agreed, underlining that it's the complainant who must present a strong case first. Only after that, the defence may choose to submit documents, but not before.- EndsMust Watch
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