http://www.asiamedia.ucla.edu/article-southasia.asp?parentid=80869

INDIA: Court gags media after Pravin's 'scandalous' remark
Judge tells journalists to move outside of courtroom during murder
trial of prominent Indian politician

Times of India
Wednesday, October 31, 2007

Mumbai --- The Pramod Mahajan murder trial took a dramatic turn on
Tuesday when a statement in court by his brother Pravin, who is
accused of the murder, was declared in-camera after the prosecution
said that it was likely to be scandalous.

Special public prosecutor Nitin Pradhan said that Pramod was like a
"father figure" in the Mahajan household and it seemed that Pravin was
going to say things about his character, and a "public gaze upon it
would not help anybody".

Judge Srihari Daware then asked mediapersons in the courtroom to move
out and also barred them from reporting the first few sentences of
Pravin's statement that had prompted Pradhan to say: "It tends to
appear that the statement will scandalise the deceased (sic)."

Pravin's counsel Harshad Ponda maintained that his client only wanted
to tell the court what actually transpired on the day of the incident.
"No witness was present when Pravin met his brother," Ponda said. He
added that Pravin was going to reveal more as he did not want to hide
anything.

At one point, judge Daware did ask Pravin why he thought that the
various witnesses in the case, including Mahajan's wife Rekha and
other family members, had given false testimony in court. "I think the
witnesses want to hide the reality," Pravin replied.

Pravin, who went on oath to stand as a witness in his own trial, an
unusual development in a murder trial, will now be able to lead
evidence in the case to defend himself and also undergo
cross-examination by the prosecution. Pravin also informed the court
that he was going to call in a Pune-based engineer, P Harikrishnan, to
testify as a defence witness. Harikrishnan is supposed to be a family
friend.

Ponda tried to clarify that Pravin only wanted his statement to be
recorded by the court and the prosecution should not presume that what
he was going to say was scandalous. "I am only interested that the
court should give a fair hearing to Pravin," Ponda said.

Before Pravin started making statement on what would have been his
brother's 58th birthday, both the prosecution and defence lawyers
agreed that it did not seem a case of acquittal from the evidence that
was there so far. Judge Daware allowed Pravin to "enter on his
defence" and lead any evidence in support under Section 233 of the
Criminal Procedure Code.

Date Posted: 10/31/2007

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