Savarkar defamation case: Rahul Gandhi’s London speech played in open court; cross-examination from January 13

Satyaki Savarkar, who claims to be a descendant of freedom fighter Vinayak Damodar Savarkar, told the court that Rahul Gandhi delivered the alleged defamatory speech on March 5, 2023, in London

A Special MP/MLA court on Wednesday played a video of Congress leader Rahul Gandhi’s alleged defamatory speech against Vinayak Damodar Savarkar in open court, as part of the examination-in-chief of complainant Satyaki Savarkar in a criminal defamation case.

During the proceedings, the defence pointed out that multiple videos appeared on the screen when the YouTube link was opened. (REPRESENTATIVE PIC)

The video was produced through two pen drives and played in the presence of both parties and their advocates. According to the complainant, one pen drive contained a YouTube link to Gandhi’s speech, while the other carried a copy of the allegedly defamatory media.

Satyaki Savarkar, who claims to be a descendant of freedom fighter Vinayak Damodar Savarkar, told the court that Rahul Gandhi delivered the alleged defamatory speech on March 5, 2023, in London. He submitted that Gandhi accused Savarkar of tendering apologies to the British government and acting as its agent—claims he described as “debatable” and unsupported by Savarkar’s own writings.

“I have not found any reference to the incident mentioned by Rahul Gandhi in any book written by Vinayak Damodar Savarkar,” the complainant stated during his deposition. He also said he had filed a family tree before the court to establish his lineage and his right to institute the complaint, asserting that the document was “true and correct”.

During the proceedings, the defence pointed out that multiple videos appeared on the screen when the YouTube link was opened. It was clarified that the total duration of the video played was 17 minutes and 51 seconds, with the allegedly defamatory portion appearing between 13 minutes and 14 minutes and 5 seconds.

The defence argued that the video does not play automatically and requires user selection, stating that the complainant was relying on a specific clip titled “Indians abroad are shining examples of our culture of respect.”

Advocate Milind Pawar, appearing for Rahul Gandhi, objected to the recording of the complainant’s statement, contending that the deposition was voluntary. The court overruled the objection, holding that the complainant was deposing during examination-in-chief and that the statement was being recorded in accordance with law.

During further examination-in-chief conducted by advocate SA Kolhatkar, the complainant submitted that he had produced two pen drives along with a transcript of the speech and a statutory certificate under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023, corresponding to Section 65B of the Indian Evidence Act.

The defence also objected to the playing of the pen drive on the ground that no separate application had been filed by the complainant. Rejecting the objection, the court held that the pen drive had already been taken on record and that no separate application was required.

“The pen drive has been allowed to be produced on record. There is no necessity of filing a separate application,” the court observed.

The matter will now proceed with the cross-examination of the complainant from January 13.