In a dramatic turn of events, a Pune special court has rejected the plea of the complainant in the defamation case against Rahul Gandhi after a compact disc (CD) submitted as evidence mysteriously turned out blank when played during the hearing.
Evidence Fails at Crucial Juncture
The case arises from a speech reportedly delivered by Rahul Gandhi in London in March 2023, in which he allegedly made remarks deemed defamatory by Satyaki Savarkar the grandnephew of Vinayak Damodar Savarkar. As part of his complaint, Satyaki submitted a CD containing a recording of the speech, along with a YouTube link.
During the court hearing on November 14 while Satyaki was being examined the CD was played before the court. To everyone’s surprise, the disc showed no data. What had reportedly worked earlier to initiate the case was now blank.
Satyaki’s lawyer, Advocate Sangram Kolhatkar, expressed astonishment, stating the CD had functioned previously during the cognisance stage when the court had issued summons to Rahul Gandhi. He immediately sought permission to play a backup CD or alternatively the YouTube video itself.
Court Declines New Evidence, Cites Legal Rules
However, the court, presided by Magistrate Amol Shinde, rejected both requests. The judge pointed out that no additional CD was on record for playback. When counsel tried to offer the YouTube link, it was dismissed on the ground that a video URL alone without a certificate under Indian Evidence Act’s Section 65-B is inadmissible.
Even two other “duplicate” CDs supposedly prepared and submitted by the complainant were refused since the court said no CD was recorded on record. As a result, the court denied the plea to admit fresh video proof or replay evidence.
Complainant Seeks Inquiry, Next Hearing Scheduled
In light of the development, the complainant has requested a judicial inquiry into how a CD that earlier contained data suddenly became blank, an action that could potentially raise questions about the integrity of evidence handling.
The hearing has been adjourned to allow further submissions, giving the complainant additional time to explore options.
Background: What’s the Case About
As a reminder, the defamation suit centers around remarks Rahul Gandhi made about Vinayak Damodar Savarkar in London, 2023 remarks that Satyaki Savarkar claims wrongly attribute acts of violence and hatred to his great-uncle. The complaint was filed in 2023, and after initial inquiry by Pune Police under Section 202 CrPC, proceedings moved to a special MP/MLA court.
Rahul Gandhi has pleaded not guilty. The trial is ongoing.
