A court in Maharashtra has directed Google and YouTube to produce electronic records linked to a video allegedly featuring Congress leader Rahul Gandhi, a key development in a criminal defamation case filed by the grandnephew of freedom fighter and Hindutva ideologue Vinayak Damodar Savarkar.
A magistrate court in Pune held that the electronic record sought by complainant Satyaki Savarkar appeared relevant and necessary for the purposes of enquiry and trial, and directed YouTube LLC and Google LLC to place the material before the court through a duly authorised officer.
VIDEO CENTRAL TO SAVARKAR DEFAMATION PLEA
The order relates to a YouTube video relied upon by Savarkar in his defamation complaint against Gandhi. The video, titled “Indians abroad are shining examples of our culture of respect, Interaction with diaspora in London”, is alleged to have been published on March 5, 2013 on Gandhi’s official YouTube channel.
Savarkar’s counsel sought production of the original video corresponding to the YouTube link, along with associated technical data, arguing that the material was crucial to establish the authenticity of the speech cited in the complaint.
MISSING AND BLANK CDS TRIGGER COURT INTERVENTION
The matter gained urgency after a compact disc containing the alleged defamatory video was found to be blank during court proceedings. Savarkar’s lawyer, Sangram Kolhatkar, also raised concerns that certain CDs submitted earlier had gone missing.
Kolhatkar pressed the court to issue directions to Google and YouTube to produce the original video along with metadata such as the upload date and time, URL, unique video ID, hash value or digital signature, and relevant server logs. He also sought details of any backups or archived versions of the video.
The companies were asked to provide the electronic records in a tamper-proof digital format, such as a CD, DVD, pen drive or authenticated cloud link.
COURT REJECTS CLAIMS OF CD DISAPPEARANCE
On the issue of missing CDs, the magistrate rejected Kolhatkar’s claim, observing that while the complainant alleged CDs were submitted to the court, they were not part of the court record. The magistrate said copies of the CDs had been handed over to Gandhi and acknowledged by him, and therefore the question of their disappearance from court custody did not arise.
Regarding the blank CD, the court said court records were maintained safely and declined to pursue the issue further.
GANDHI’S COUNSEL OPPOSES PLEA
Gandhi’s lawyer, Milind Pawar, opposed the applications filed by Savarkar, contesting the necessity of the directions sought and objecting to the allegations surrounding the electronic evidence.
Despite the opposition, the court permitted Savarkar to place two pen drives containing Gandhi’s speech on record as evidence in the case.
NEXT HEARING ON DECEMBER 31
The court ordered that the videos stored in the two pen drives will be played before it during the next hearing scheduled for December 31. After playback, one pen drive will be handed over to the accused, while the other will remain in court custody as part of the evidence.
The defamation case continues to be heard by the Pune court as issues relating to electronic evidence and authenticity take centre stage in the proceedings.
– Ends
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