Pune court rejects plea to compel Rahul Gandhi to submit book in Savarkar defamation case
'No person accused of any offence shall be compelled to be a witness against himself. The burden of proof lies entirely on the complainant. Hence, the application filed by the complainant is liable to be rejected and is accordingly rejected,' judicial magistrate Amol Shinde said in the order pronounced in open court on July 3.
Advocate Sangram Kolhatkar, appearing for Satyaki Savarkar – Veer Savarkar's grand-nephew who filed the defamation complaint under section 500 of the Indian Penal Code (IPC) last year – had argued that Gandhi's lawyer was deliberately delaying proceedings which are currently at the stage of recording the plea. Advocate Kolhatkar maintained that the book in question is essential to ensuring a fair trial.
In response, Gandhi's lawyer, advocate Milind Pawar, strongly opposed the plea, stating that the trial had not yet commenced and therefore Gandhi could not be compelled to disclose any part of his defence or supporting documents. Advocate Pawar argued that the burden of proof lies solely on the complainant and compelling the accused to produce material at this stage would violate the accused's constitutional protection under Article 20(3) which safeguards against self-incrimination.
Advocate Pawar submitted, 'The complainant is required to prove his case beyond reasonable doubt. The accused is presumed innocent until proven guilty. Forcing the defence to prematurely disclose material is not permitted under criminal law and violates constitutional guarantees.'
Advocate Pawar further argued, 'There is no legal obligation on the defence to provide any document or material to the complainant. Such a direction would seriously prejudice the accused's right to a fair trial and his ability to defend himself effectively.'
After hearing the arguments from both sides, the court noted that the case is still at the stage of recording the accused's plea, and that it arises from a private complaint. The court held that the burden of proving the allegations lies entirely on the complainant.
The court observed: 'Gandhi cannot be compelled to disclose or submit any part of his defence before the trial formally begins. He is entitled to present relevant documents at the defence stage as per the law. Forcing the accused to produce material at this preliminary stage would infringe upon his constitutional protection under Article 20(3) of the Constitution of India, which protects against compelled self-incrimination.'
The complaint alleged that Rahul Gandhi had made false and defamatory statements during his 2023 London speech, including a claim that Savarkar had written about enjoying assaulting a Muslim man in his book. Gandhi had earlier been exempted from appearing before the MP-MLA court presided over by magistrate Shinde and was granted bail on a bond of ₹25,000. He was also granted permanent exemption from personal court appearances, citing his public responsibilities and security considerations
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Indian Express
24 minutes ago
- Indian Express
Ma Kali to signal to Left voters, Bengal BJP gets a move on under new state chief
A day after Rajya Sabha MP Samik Bhattacharya was named the new Bengal BJP president, the party's state headquarters at 6, Murlidhar Sen Lane in central Kolkata already bore some signs of a shift. Hoardings with the faces of top party leaders were gone, and in a seminar hall that often doubles up as a press conference room, the backdrop had changed, with the faces of top party leaders replaced by the lotus symbol. With just under a year to go for the Assembly elections, this is not the only visible change in the main Opposition party in the state. Bhattacharya has also signalled a subtle and more important shift in the party's tactical positioning in state politics. In his first two speeches, the new Bengal BJP president reached out to Muslims and a section of the Left, tried to maintain a balance between the different factions in the state unit, and invoked the gods and deities of Bengal. A BJP old-timer with a long background in the RSS and built in the mould of the Atal Bihari Vajpayee brand of moderate Hindutva politics, Bhattacharya has his work cut out in Bengal, where the party is grappling with factionalism and maintaining a grassroots presence and has repeatedly lost to the Trinamool Congress in elections. At a time when the Bengal BJP is trying to unify Hindu votes — raising matters such as the attacks on Hindus in Bangladesh, the Trinamool Congress's (TMC) alleged Muslim appeasement, and communal violence in Murshidabad in April — and not making that much of an effort to reach out to Muslims, considered Mamata Banerjee's vote bank, Bhattacharya tried to strike a balance in his initial remarks. 'The BJP's fight is not against the Muslims. Those who hold stones in their hand, the BJP wants to replace those stones with books. We want a Bengal where Muharram procession and Durga Puja 'visarjan' procession go side by side without any riot,' Bhattacharya said in his first speech as state BJP chief. At a press conference over the weekend, he said, 'Ninety per cent of victims of political violence in Bengal are Muslims and their family members wanted a CBI investigation.' However, Bhattacharya said the BJP was quite capable of forming the government without the support of the minority community. 'If one thinks that without Muslim votes we cannot form the government in Bengal, they are wrong. Look at Assam and its demographics.' Bhattacharya said his stance was no different from that of Leader of Opposition Suvendu Adhikari, who has adopted a more hardened Hindutva position, issuing slogans such as 'Hindu Hindu Bhai Bhai'. 'With incidents like Murshidabad happening, there is no difference of opinion. In India, all are Hindus,' Bhattacharya said. Bhattacharya called for Opposition unity in ousting Chief Minister Mamata Banerjee and, looking to reach out to a section of anti-TMC Left voters, claimed that Jana Sangh founder Syama Prasad Mookerjee ensured that West Bengal retained its identity during Partition, and he was helped in this mission by Communist leader and former CM Jyoti Basu. The state BJP chief credited Basu and Mookerjee for 'saving Bengal in 1947'. However, CPI(M) Central Committee leader Md Selim dismissed the claim, accusing the BJP leader of trying to 'confuse' and denying that Jyoti Basu had supported any proposal by Mookerjee. Hitting out at those who ran the 'No vote to BJP' campaign ahead of the 2021 Assembly elections, several of them allied with the Left, Bhattacharya said such people should 'drop their masks and march with the TMC to face off against us'. One of the reasons the BJP was rejected by the Bengal electorate last time was the TMC's success in painting it as a party of outsiders that is more concerned with the pulls and pressures of Hindi heartland politics. While 'Jai Shri Ram' became the rallying cry for BJP leaders and workers, it did not find much resonance in the state, and allowed the TMC to accuse it of a cultural disconnect and placing too much emphasis on Lord Ram and not on deities from Bengal. At the first event following Bhattacharya's appointment, a picture of Maa Kali was garlanded. The TMC targeted the BJP over a backdrop at the event that had the images of the Goddess and Prime Minister Narendra Modi. Alleging insult to the Goddess and 'sacrilege', TMC spokesperson Kunal Ghosh said in a video posted on the party's account on X. 'The Modi cult has truly lost the plot. In their blind obsession with glorifying one man, they've now committed the unthinkable — placing @narendramodi's image alongside Maa Kali on a @BJP4Bengal event backdrop,' he said. 'This isn't just sycophancy, it's sacrilege. Modi ji is the elected head of a secular, constitutional democracy, not a deity to be worshipped. By elevating a mortal man to divine status, @BJP4India has mocked our faith and insulted our traditions. They scream about 'Hindu asmita' but use our Gods as campaign props,' Ghosh added. The biggest challenge for the new BJP chief will be a faction-ridden state unit, divided between groups led by Adhikari, former state BJP president Dilip Ghosh, and Bhattacharya's immediate predecessor and Union Minister Sukanta Majumdar. At the press conference on Saturday, Bhattacharya said he was willing to 'work with all'. Praising Adhikari, he said, 'The Leader of Opposition not only resides in the heart of BJP workers, but also in the TMC. The TMC talks about him from morning to night. Even when they wake up from their sleep at night, they say, 'Suvendu, Suvendu', and then go back to sleep.' Ghosh also made it clear that Ghosh, who has been critical of the party leadership under Adhikari and Majumdar, was important for the party. 'Dilip Ghosh is not going anywhere. The party will make the right decision. Dilip Ghosh will be used in the appropriate position. He was there, is there, will be there. Jaaye toh jaye kaha (Even if he has to go somewhere, where can he)?'
New Indian Express
32 minutes ago
- New Indian Express
Allahabad HC dismisses petitions against UP government's plan to merge primary, upper primary schools
LUCKNOW: In a respite to the Uttar Pradesh government, the Allahabad High Court dismissed two petitions challenging the UP Basic Education Department's plan to merge government primary and upper primary schools that have less than 50 students enrolled therein. The single judge Bench, comprising Justice Pankaj Bhatia, thereby upheld the State government's decision for pairing of eligible schools with nearby educational facilities to make the education system more functional and viable. Notably, the teachers' association and the opposition parties, including the Samajwadi Party and the Bahujan Samaj Party, opposed the school merger plan of the State government, which remained firm on its decision. According to an official, the decision was taken in the best interest of students. As per the official figures, there are 1.40 lakh government primary and upper primary schools in the State, of which 29,000 have 50 or fewer students. Around 89,000 teachers are posted in these schools. The broader plan is to shift students from low-enrollment schools to nearby institutions with larger campuses and better facilities. However, challenging the June 16 order of the State government, a total of 51 students from Sitapur district had approached the Allahabad High Court through their guardians. The petitioners contended that the State government order was violative of Art 21A of the Constitution of India. The petitioners, represented by advocate LP Mishra and Gaurav Mehrotra, contended that the decision to mere the schools would undermine the interest of the children as they would have to travel longer distances to reach the school. Meanwhile, the State justified the decision by submitting that the move would be in larger interest of the students and it would pave way for better utilisation of the resources. The State government apprised the Bench that the objective of the education department was to make better use of resources, reduce dropout rate while ensuring quality education.
The Hindu
an hour ago
- The Hindu
Cong accuses PM Modi of ignoring rain-hit Mandi's plight, says Texas is closer to his heart
The Congress on Monday (July 7, 2025) took a swipe at Prime Minister Narendra Modi, asking whether Texas was closer to his heart than the rain-hit Mandi in Himachal Pradesh after he expressed condolences over the loss of lives due to floods in the U.S. state. In a post on X, the Congress head of media and publicity, Pawan Khera, said the Prime Minister has not said a word about the loss of lives and destruction due to floods in Mandi in Himachal Pradesh but talks of people suffering across the world. 'The PM of India has not spoken a word of consolation to those suffering in Himachal Pradesh's Mandi, where over 70 people are feared dead in the calamitous floods. Meanwhile, he is deeply saddened by the destruction caused by floods in Texas, USA,' Mr. Khera said in his post on X. 'Texas may be far from Delhi but is closer to the PM's heart than anyone in Mandi is,' he also said. In another post in Hindi on X, he said, 'Modi ji can't see what's under his feet, but he can see what's beneath the mountains. 'In Himachal Pradesh, dozens of lives have been lost due to the flood disaster, and massive destruction has occurred. He hasn't uttered a single word of condolence. But if someone in another country gets pricked by a thorn in their foot, he immediately tweets about it. Are the lives of Indian people cheaper than those of foreigners? Has even compassion now become political?' Mr. Khera asked. The Congress leader tagged a post by Modi on Saturday (July 5, 2025), where he stated, 'Deeply saddened to learn about loss of lives, especially children, in the devastating floods in Texas. Our condolences to the U.S. Government and the bereaved families.' Since the onset of the monsoon on June 20, Himachal Pradesh has reported 78 deaths, of which 50 were linked to rain-related incidents such as cloudbursts, flash floods and landslides. As many as 121 people have been injured so far. At least 30 people went missing after cloudbursts, flash floods and landslides wreaked havoc in the Thunag, Gohar and Karsog subdivisions of Mandi district last week and search and rescue operations are underway.
