KOCHI: The Ernakulam Additional Chief Judicial Magistrate on Wednesday dismissed a petition filed by Shashi Tharoor MP requesting the court to summon the Compact Disc (CD) which contains the visuals of the controversial meeting, where he allegedly showed disrespect to the national anthem.
“The CD of the recordings of the function as such is not admissible as evidence. It should be according to the provisions of the Evidence Act and by mere production of the same cannot be admitted as evidence,” ACJM M Manoj held. Tharoor submitted that viewing of the CD would clear all misunderstandings in this regard. However, the court observed that the accused has no right to produce any document or witness at the stage of evidence collection for prosecution.
The court also cited a Supreme Court verdict that at the time of framing charges or taking cognizance the accused has no right to produce any material, the right
is granted only at the stage
of trial.
The disrespect to national anthem case is now posted for hearing on the question of framing charges after three prosecution witnesses were examined.
Thereafter Tharoor filed this petition contenting that the entire function was recorded in a CD by the Federal Bank.
The case took on a private complaint by Joy Kaitharath, general secretary, State Human Rights Protection Centre, alleging that Shashi Tharoor after delivering the Hormis Memorial Lecture on December 16, 2008, interrupted the national anthem to urge the audience to place their palms over the heart as the Americans do, instead of the attention posture.
Earlier, the court had found that there was a prima facie ground to proceed with the complaint against Tharoor that he had committed offences under Section 3 of Prevention of Insults to the National Honour Act 1971.
Later, the court granted bail to Tharoor.
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