Blank CD: Satyaki Savarkar urges court to direct YouTube to produce original video of Rahul’s speech

Along with the complaint in 2023, Satyaki had submitted before the court some news reports, as well as a YouTube link of a video of Rahul’s speech in London, and a CD containing the video, as evidence. But when the CD was played during Satyaki’s chief examination in court last month, it was found to be blank.

Satyaki’s lawyer Sangram Kolhatkar on Friday filed an application before the court that the complainant (Satyaki) specifically relied upon the YouTube link containing the offending speech by the accused (Rahul).

The application stated that a CD containing the YouTube video, along with certificate under Section 65 B of the Indian Evidence Act, was also produced before the court. The contents in the YouTube link and CD were verified by the court and the Pune police. But during the chief examination of the complainant, the CD did not play before the court due to “technical issues for reasons unknown….”, it mentioned.

Advocate Kolhatkar submitted before the court that unless the original video referred in this case is secured fresh from the original source “YouTube LLC (Google Inc.)”, the complainant’s evidence will “stand irreparably prejudiced….”

Kolhatkar prayed the court to direct “YouTube LLC/Google..” to produce the original video available on the YouTube link titled “Indians abroad and shining examples of our culture of respect I Interaction with Diaspora in London”, dated March 5, 2023, published on “official YouTube channel of the accused Rahul Gandhi”.

Kolhatkar has sought the video along with metadata like “Upload date and time, URL and unique video ID, hash value/digital signature, server logs relevant to authenticity and integrity, any copies, back ups or archived versions of the said video.”

He also sought directions from court for a newspaper to furnish the original and archival record of its report on Rahul’s speech in London. Kolhatkar requested the court to direct YouTube and the newspaper to “furnish the electronic record in tamper proof digital format (CD/DVD/pen driver / cloud link authenticated by an expert)”.

Rahul’s lawyer Milind Pawar said, “We would be filing our say over this application during the next hearing on December 11. We have opposed the plea filed by the complainant’s lawyer seeking adjournment, as there are directions from the apex court that the trial before a special MP/MLA court should be conducted on a day to day basis.”

According to Satyaki, Rahul had said Savarkar had written a book in which he stated that he (Savarkar) and five to six of his friends were beating up a Muslim and were “delighted” about it. Satyaki said V D Savarkar had not written any such book as claimed by Rahul, nor has such an incident ever happened.