Savarkar remark case: Court says Rahul can't be forced to submit cited book

A court here on Thursday rejected a plea by the grandnephew of Vinayak Damodar Savarkar seeking access to a 'book' cited by Congress leader Rahul Gandhi while allegedly making defamatory remarks against the late freedom fighter.

The Congress leader cannot be compelled to produce the book, said judge Amol Shinde of the special court for MPs and MLAs. Satyaki Savarkar, the complainant in the case, had filed the application in May, claiming no such book as cited by Gandhi existed, and he should be asked to produce it if it did.

The court, in its order, said the accused cannot be compelled to disclose his defense before the commencement of the trial.

 

"The accused may produce any relevant documents during the presentation of his defense evidence. If the accused is compelled to produce such evidence prematurely, it would amount to violation of his fundamental rights guaranteed under Article 20(3) of the Constitution of India, which protects against self-incrimination," the order stated.

"As per Article 20(3)...'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 the incriminating documents," the judge further said. Satyaki Savarkar has filed a defamation complaint against Rahul Gandhi, citing his speech in London in March 2023. As per the complaint, the Congress MP claimed during the speech that V D Savarkar had written in a "book" that "he and five to six of his friends once beat up a Muslim man, and he (Savarkar) felt happy". No such incident ever took place, nor did Savarkar write any such account, Satyaki Savarkar said in his defamation complaint.