Cannot compel Rahul Gandhi to produce evidence against himself: Pune court in defamation case
VD Savarkar’s grand-nephew had accused the Congress leader of making fictitious and malicious remarks about the Hindutva ideologue.
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, who is VD Savarkar’s grand-nephew, claimed that the book Gandhi allegedly relied on to make the remarks was crucial and should be made available to him. He claimed that the book cited by Gandhi simply did not exist, PTI reported.
However, 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.
Satyaki Savarkar had also told the court had earlier allowed Gandhi to access copies of two books – Majhi Janmathep and Hindutva – authored by Savarkar.
The case pertains to a complaint filed by Satyaki Savarkar in April 2023 against Gandhi, accusing him of making fictitious, false and malicious remarks about the Hindutva ideologue during an event in London in March 2023.
Satyaki Savarkar alleged that Gandhi had made the remarks “fully knowing the said allegations to be untrue, with the specific objective of harming the reputation and to defame the surname Savarkar…”
As part of his complaint, Satyaki Savarkar submitted several news articles and a YouTube video of the London speech, Live Law reported.
Earlier in April, the court had allowed Gandhi’s request to change the nature of the proceedings from a summary trial to a summons trial to allow for more detailed evidence and historical context to be presented.
