Jaidev Thackeray’s plea to admit footage of Raj Thackeray rejected

The Bombay high court on Wednesday rejected the application of Jaidev Thackeray to admit a video clip provided by him to the court in a CD, containing a speech made by his cousin Raj Thackeray in March 2014, as evidence in his suit challenging the will of his father and late Shiv Sena chief Bal Thackeray. The video clip was retained from a social networking site and is said to contain Raj speaking about how Uddhav unduly influenced his father’s will.

Seema Sarnaik, the counsel for Jaidev Thackeray, on Wednesday, submitted a CD, containing the speech of Raj Thackeray, which he delivered as president of Maharashtra Navnirman Sena (MNS) and documents in court requesting Justice Gautam S. Patel to take it on record as evidence in his suit challenging the will left behind by his father. Raj Thackeray separated from Shiv Sena before forming the MNS.

The judge rejected Jaidev’s application, saying the video clip could not be admitted as evidence, as Jaidev is not its author and it was only uploaded on a social media site. “It is inadmissible as evidence simply on production by the defendant (Jaidev), as he is not the author or creator of the video clip. The very fact that it was uploaded on YouTube does not mean its contents are true. Uploads and downloads do not establish the correctness of contents,” said Justice Patel while rejecting his plea.

The judge also observed, “The difficulty in the defendant’s way is that even as of today there is no at all explanation why this photograph in its digital or physical forms was not disclosed earlier. It is a photograph of 10th December, 2012. The defendant made an affidavit of documents on March 29, 2014. In paragraph 3 of that affidavit, he clearly stated on oath that he did not have then in his possession, custody or power or that any of his advocate or any other person the documents relating to the matter in question in the suit.” “..The photograph was, by his own admission, always with him and his wife,” said the judge while refusing to accept the CD as evidence.