Rahul Gandhi can't be witness against himself: Pune Court dismisses plea in defamation case
A Pune court has rejected a petitioner's request to obtain a copy of a book that Congress MP Rahul Gandhi cited during his speech in March 2023, which led to a defamation case against the Leader of the Opposition in the Lok Sabha, media reports said.
Satyaki Savarkar, the grandnephew of Vinayak Savarkar, filed a petition in a special MP/MLA court in Pune, seeking a copy of the book that Gandhi used while attacking Vinayak Savarkar.
Rejecting the plea, the court said that the "accused cannot be compelled to be a witness against himself, nor can he be compelled to produce incriminating material against him."
It said the trial has not yet started, so the defence cannot be compelled to disclose documents.
"... The burden of proof lies entirely on the complainant. The accused is presumed to be innocent until proven guilty. If the application is allowed, it would cause serious prejudice to the accused's right to a fair trial and his right to defend himself effectively," judicial magistrate first class Amol Shriram Shinde said in the order.
"Forcing the defence to prematurely disclose defence materials is neither permitted under criminal procedure nor compatible with constitutional guarantees. It would violate the constitutional right provided under Article 20(3) of the Constitution," the court said.
The defamation case against Gandhi alleged that he had on several occasions maligned Vinayak Savarkar, and one particular incident in March 2023 during a speech in the UK crossed the limit.
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