Can't compel Rahul Gandhi to produce book he cited in speech against Savarkar: Court
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Satyaki is the complainant in the defamation case he filed against Gandhi under the provisions of IPC section 500. Judicial Magistrate First Class Amol Shinde, in his three-page order, observed that Gandhi couldn't be compelled to disclose his evidence before the trial commencement.
The court noted, "The accused cannot be compelled to produce the document/book sought by the complainant. As per Article 20 (3) of the Constitution of India, no person accused of any offence shall be compelled to be a witness against himself.
Therefore, this court is of the opinion that an order cannot be passed directing the accused to file incriminating documents."
Satyaki's lawyer, Sangram Kolhatkar, filed a plea under the provisions of section 94 of the Bharatiya Nagarik Suraksha Sanhita seeking a copy of the book cited by Gandhi in his speech in London on March 5, 2023.
Opposing the plea, Gandhi's lawyer, Milind Pawar, submitted that the trial in the case has not yet commenced and his client couldn't be compelled to disclose or divulge or submit any part of the documents relied upon before the trial could commence.
Pawar argued Satyaki was required to prove his case beyond reasonable doubt and the burden of proof was entirely on him.
"My client is presumed to be innocent until proven guilty. If the complainant's plea is allowed, it would cause serious prejudice to Gandhi's right to a fair trial," he said, adding that forcing the defence to prematurely disclose the defence was not permitted under the Criminal Procedure Code and Constitution.
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The court order read, "No person accused of any offence shall be compelled to be a witness against himself and nor can he be compelled to produce incriminating documents material against him. The plea filed by Savarkar is liable to be rejected."
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