query

Querist : Anonymous (Querist) 23 March 2011 This query is : Resolved
i would like to know that the cables released by wikileaks can be admissible as evidence in a court of law . if yes then why and if no then why not?? please mention the relevant sections too.
thanks and regards

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adv. rajeev ( rajoo ) (Expert) 23 March 2011
In my opinion it requires evidence to get admit it.

Devajyoti Barman (Expert) 23 March 2011
No, since it is hearsay evidence, the same is not admissible in evidence.

Querist : Anonymous (Querist) 23 March 2011
@barman sir: sir but wikileaks are the cables which have been used by diplomats in the conversation, and even the governments are not denying though not accepting it fully too. they are being circulated in the media with their proper registration/ serial number. please enlighten me!! so still they qualify to be a hearsay evidence??

R.Ramachandran (Expert) 23 March 2011
When Mr. Barman says that the material currently on public domain is only 'hearsay' it only means that the parties concerned have not given anything in writing. It was only told orally to the diplomat and diplomat in turn has reported to his government. As you know, even if any confession is done in police custody, the same can be retraced. Similarly, assuming that the diplomats have really heard from the persons whatever is indicated in the cables, the persons concerned can retrace the same. It is not a clinching evidence. That is why, it cannot be relied as an evidence. It has to be proved in court of law. That is quite difficult and impossible. Just because it is not you or me who have been implicated in the Wilkileaks Cables, we cannot immediately jump to the conclusion that they are clincking evidence admissible in court of law and on that basis one can be hauled up or punished. LET US PUT OURSELVES IN THEIR SHOW - SUPPOSE THE CABLES CONTAIN REPORT TO THE EFFECT THAT YOU TOLD THE AMBASSADOR THAT YOU ARE IN THE BUSINESS OF TERRORISM / IMPORT OF CONTRABAND GOODS, CAN ANYBODY TAKE ACTION AGAINST YOU. IF ANYBODY TAKES ACTION AGAINST YOU ON THE BASIS OF SUCH REPORTS, WHAT WOULD BE YOUR DEFENCE. WOULD YOU SAY THAT YES THE REPORT IS CORRECT AND YOU ARE LIABLE TO BE PUNISHMENT? IF YOU WILL NOT AGREE THAT THE CABLES ARE EVIDENCE AGAINST YOU, SIMILARLY OTHERS WILL ALSO EQUALLY OBJECT AND SAY THAT WHATEVER IS CONTAINED IN THE CABLES IS NOT EVIDENCE AT ALL. I think that now you will understand and appreciate the legal position regarding such cables / reports.