X has filed an application in the High Court for vacation of the Court’s ad interim order directing X as well as Congress leaders Nayak, Jairam Ramesh and Pawan Khera to take down the video in question.
The social media platform has argued that the raw footage of the entire incident is still available on India TV’s YouTube channel (owned by Rajat Sharma) and it shows him using the words which he denied.
“Plaintiff’s channel’s own raw footage, which continues to be widely available on India TV’s own YouTube channel, ever since it was live streamed on 04.06.2024, and it shows Plaintiff saying the words “S***** F*****” in Hindi (“b**** c***”). A comparison between the Video and the footage live streamed by India TV (https://www.youtube.com/live/1OEVNHtAN0) reveals that both videos are identical in content. Thus, the Video in the posts is prima facie genuine and matches India TV’s own YouTube channel live stream, which is still available online,” the application said.
Senior Advocate Rajshekhar Rao appeared for Twitter before the High Court today and stated that the entire basis of Sharma’s suit is that he did not use foul language against Nayak but if the video is heard carefully and with earphones, he could be heard muttering something.
Rao contended that the transcript furnished by Sharma states that nothing was said after his exchange with Nayak but the video clearly shows he did say something.
“This is a case where the plaintiff says he said nothing. If you hear the content, it show he said something… Ex facie, I am able to show that something was said… On this basis alone, the suit [by Sharma] must go… This order [interim injunction] should go,” Rao said.
Source: Barandbench
