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“Video Posted by Rajat Sharma Used ‘Foul Language’ Against Ragini Nayak is Authentic and Unedited”: X Corp to Delhi HC

X Corp (formerly Twitter) has approached the Delhi High Court, asserting that a video allegedly showing journalist Rajat Sharma using foul language against Congress spokesperson Ragini Nayak is neither fake nor edited. They seek to vacate an interim order directing the removal of the video from their platform and accounts of Congress leaders.

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Video Posted by Rajat Sharma Used 'Foul Language' Against Ragini Nayak is Authentic and Unedited: X Corp to Delhi HC

NEW DELHI: X Corp (formerly Twitter) has approached the Delhi High Court regarding a contentious video shared by Congress leaders. The video in question purportedly shows journalist Rajat Sharma using foul language against Congress spokesperson Ragini Nayak. X Corp asserts that the video is neither fake nor edited.

The social media giant has submitted an application seeking the vacation of the High Court’s ad interim order. This order had directed X Corp, along with Congress leaders Nayak, Jairam Ramesh, and Pawan Khera, to remove the controversial video from their platforms.

According to X Corp, the raw footage of the incident remains publicly available on India TV’s YouTube channel, which is owned by Rajat Sharma. This footage allegedly corroborates the content of the disputed video. The company argues,

The plaintiff’s channel has its own unedited footage available on India TV’s YouTube channel, originally live-streamed on June 4, 2024, where the plaintiff is heard using the words ‘S** F*’ in Hindi (‘b c’). A comparison between this footage and the video in question confirms their identical content, establishing the video’s authenticity.

-the application stated.

Senior Advocate Rajshekhar Rao, representing X Corp, presented the case before the High Court. He emphasized that the foundation of Sharma’s lawsuit rests on his denial of using any foul language against Nayak. However, Rao argued that a careful listening of the video, especially with earphones, reveals that Sharma did mutter something.

Rao further contended,

“In this case, the plaintiff claims to have said nothing, but the content clearly indicates otherwise. It is evident that something was indeed said. Based on this alone, the lawsuit by Sharma should be dismissed, and the interim injunction order should be revoked.”

– Rao insisted.

In addition to X Corp’s arguments, Senior Advocate Prashanto Chandra Sen, representing the three Congress leaders, also declared their intention to file an application for the vacation of the injunction order. Sen echoed the stance that the video’s authenticity is supported by the available raw footage.

Senior Advocate Sandeep Sethi, representing Rajat Sharma, emphasized to the court that despite previous orders, Congress leaders had not independently removed the contentious tweets; they had only been geo-blocked by X (formerly Twitter).

Justice Manmeet Pritam Singh Arora subsequently mandated the defendants to adhere strictly to the court’s directive and remove the tweets in question.

“After reviewing the arguments from the Plaintiff and Defendant No. 1, this Court orders that Defendant No. 1 must unblock the listed URLs, which were previously geo-blocked according to the order dated June 14, 2024. The unblocking of these URLs should be completed by 5 P.M. on July 12, 2024. Defendant No. 1 must promptly notify the Plaintiff and Defendant Nos. 4, 5, and 6 once the tweets have been unblocked. Upon receiving this notification, Defendant Nos. 4 to 6 must delete the specified tweets within one hour of the unblocking, no later than 7 P.M. on July 12, 2024.”

– the Court ordered.

The court assured that the Congress leaders’ right to challenge Sharma’s claims would remain unaffected by the removal of the tweets. The leaders also agreed to refrain from posting videos or tweeting about the debated incident until a final decision is made on Sharma’s interim relief plea and their challenge to the interim order.

The dispute traces back to a single-judge order from June 14, which directed the removal of certain social media posts and videos by Congress members Ragini Nayak, Jairam Ramesh, and Pawan Khera. The Congress leaders accused Sharma of using abusive language against Nayak during a televised discussion on the Lok Sabha election results.

Sharma subsequently filed a defamation suit against Nayak, Khera, and Ramesh, seeking Rs.100 crore in damages. The controversy intensified when multiple social media accounts shared a clip from India TV, Sharma’s news channel, allegedly showing him using foul language against Nayak.

On June 10, Nayak posted the video on X, alleging that Sharma’s language was inappropriate. She also lodged a police complaint against him. Sharma responded on June 11, accusing the Congress media cell of orchestrating a false campaign and conspiracy against him.

X Corp contested the take-down order before the Division Bench of the High Court, which upheld the single-judge’s decision, directing X to present its case before the original judge. The Division Bench clarified that the take-down order would remain an interim measure.

Senior Advocate Sandeep Sethi, along with advocates Sudeep Chatterjee, Rohan Swarup, Sanyam Suri, Partheshwar Singh, and Tushar Tanwar from Singh & Singh Law Firm, represented Rajat Sharma. Senior Advocate Rajshekhar Rao, accompanied by advocates Ankit Parmar, Shloka Narayanan, and Abhishek Kumar, represented X Corp.

On behalf of the Congress leaders, Senior Advocate Prashanto Sen, with advocates Omar Hoda, Uday Bhatia, Rashi Goswami, Sumeet Singh, Eesha Bakshi, Arjun Sharma, and Prashant Pratap Singh, presented their arguments. Meta’s legal team included advocates Tejas Karia, Varun Pathak, Thejesh R., and Prasidhi Agrawal.

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