Savarkar Defamation Case: CD Found Blank; Pune Court Rejects Plea To Play Rahul Gandhi’s Speech From YouTube
Sangeetha Prathap
In a significant development in the ongoing criminal defamation case filed against Congress leader Rahul Gandhi for allegedly making derogatory remarks against Vinayak Damodar Savarkar during a speech in London, a special MP/MLA Court in Pune has refused to allow the complainant to play the video of the disputed speech directly from YouTube after the Compact Disc (CD) submitted to the court was found to be blank.
The complaint has been filed by Savarkar’s grand nephew Satyaki, who has accused Gandhi of using objectionable expressions against Savarkar. The case is presently at the stage of examination-in-chief of the complainant before Special Judge Amol Shinde.
According to the order dated November 14, the CD produced by Satyaki at the time of filing the complaint was played on both the court’s laptop and computer, but the device was found to contain no data. Upon discovering that the CD was blank, the complainant filed an application seeking permission to play the disputed speech directly from Rahul Gandhi’s YouTube channel. The link to the video had also been furnished along with the CD.
Advocate Milind Pawar, appearing for Gandhi, objected to the request, arguing that the complainant was not the owner of the YouTube channel and could not seek to play a video sourced from a third-party platform at this stage of the proceedings. He submitted that there was no legal provision permitting the court to open external web links during examination-in-chief.
Judge Shinde observed that although the CD had been accompanied by a certificate issued under Section 65B of the Indian Evidence Act, the certificate pertained only to the CD and not to the YouTube link. The court held that the link did not satisfy the statutory requirements for electronic evidence, noting that “the certificate cannot be used for the URL mentioned in the complaint,” and therefore the URL lacked admissibility under Section 65B.
The court further pointed out that the cause of action arose in 2023, the year when the alleged defamatory speech was delivered and telecast. It reiterated that the complainant must prove the case beyond reasonable doubt based on admissible evidence. Since the CD filed at the time of complaint was blank and the URL could not be played due to non-compliance with evidentiary requirements, the court concluded that there was no legal basis to entertain the application. Finding no merit in the plea, the special court dismissed Satyaki’s application to play the speech video from YouTube in the courtroom.
Cause Title: Satyaki Savarkar Vs. Rahul Gandhi
Case No: SCC No. 73377/2024
Coram: Amol Shriram Shinde (Judicial Magistrate First Class)
