Accused can’t be denied right to keep silent, says court

An accused cannot be denied the fundamental right to be silent during the process of admission or denial of documents under the provisions of the CrPC, a special court hearing a coal scam case said on Friday.

The court’s observation came as it disposed of the  Central Bureau of Investigation’s (CBI) plea under Section 294 of the CrPC, relating to admission or denial of documents by the accused, in the coal scam case in which former Coal Secretary HC Gupta and five others are accused. It said the accused have chosen to exercise their right to keep silent to participate in the process of admission or denial of genuineness of relied upon documents. The court noted that Section 294 of the CrPC was introduced with a view to cut short the process of trial.

“However, every law of the land is and has to be subservient to the Constitution. Thus, the exercise of the fundamental right as available to an accused under Article 20(3) of the Constitution to remain silent cannot be denied,” Special CBI Judge Bharat Parashar said.

The court said “the principle against self-incrimination remains an important safeguard and it has been accepted in the Constitution as a part of the criminal jurisprudence of the country.”