RAMANLAL BHOGILAL SHAH AND ANOTHER versus D. K. GUHA AND OTHERS

RAMANLAL BHOGILAL SHAH AND ANOTHER versus D. K. GUHA AND OTHERS

A person against whom grounds of arrest have been served or in whose name an FIR has been recorded is an accused within the meaning of Article 20(3) of the Constitution. He cannot be compelled to give evidence against himself, though he must answer questions which do not tend to incriminate him. The summons to appear before the Enforcement Directorate is not liable to be set aside as long as the protection of Article 20(3) is maintained.

Parties
Petitioner: Ramanlal Bhogilal Shah; Respondent: D. K. Guha; Petitioner: B. Sen; Petitioner: Krishna Sen; Petitioner: S. R. Agarwala; Petitioner: R. K. Khanna; Respondent: S. P. Nayar
Jurisdiction
India
Judgment Date
24 January 1973
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Final Decision of Supreme Court
Outcome
Petition allowed to the extent of declaration; summons not set aside.
Legal Topics
Self Incrimination, Fundamental Rights, Compulsion of Evidence, Protection Under Article 20(3)
Constitutional Law Criminal Law Foreign Exchange Law Self Incrimination Fundamental Rights Compulsion of Evidence Protection Under Article 20(3)

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Parties

Ramanlal Bhogilal Shah

Petitioner

D. K. Guha

Respondent

B. Sen

Petitioner

Krishna Sen

Petitioner

S. R. Agarwala

Petitioner

R. K. Khanna

Petitioner

S. P. Nayar

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Final Decision of Supreme Court

Legal Issues

  1. 1 Whether a person accused in an FIR is entitled to protection under Article 20(3) of the Constitution against being compelled to give evidence before an Enforcement Officer in connection with the same offence.

Ratio Decidendi

A person against whom grounds of arrest have been served or in whose name an FIR has been recorded is an accused within the meaning of Article 20(3) of the Constitution. He cannot be compelled to give evidence against himself, though he must answer questions which do not tend to incriminate him. The summons to appear before the Enforcement Directorate is not liable to be set aside as long as the protection of Article 20(3) is maintained.

Court Disposition

Petition allowed to the extent of declaration; summons not set aside.

Orders

  • Declaration that the petitioner is a person accused of an offence within Article 20(3).
  • Petitioner must appear before the Enforcement Directorate and may refuse to answer questions that tend to incriminate him.