A Bengaluru court has ordered the temporary takedown of YouTuber Sameer MD’s video on the rape and murder of Sowjanya. The video had amassed over 14 million views since it was uploaded in February.
The Bengaluru 6th Additional City Civil and Sessions Judge issued an ex parte interim order on March 6 after petitioners Sukesh AS and Sheenappa approached the court with a defamation suit.
While issuing the order, the court found that prima facie there was material to suggest that the content uploaded by the YouTuber was defamatory and restrained the publication or dissemination of any defamatory content about D Veerendra Heggade, head of the Dharmasthala temple in Dakshina Kannada district.
The court said, “The Court prima facie found plaintiff would suffer from continuous defamation at the hands of defendants. That the alleged defamatory video contents is widely accessible and shared in social media as described in the schedule of the plaint worsening reputational harm, immediate removal is necessary to prevent further harm.”
It then issued an ex parte order directing YouTube, Instagram, Facebook and Google to remove the video. An ex parte order is passed by a court without hearing the opposing party.
The video is no longer available on Sameer’s YouTube channel. However, two other videos relating to the case are still online.
The nearly 40 minute video contained details of the shoddy police investigation and the acquittal of the lone accused in the case. It also made veiled references to Veerendra Heggade and the clout that his family has had in the region for decades. Sameer also spoke of four other unsolved murders including two women and a brother and sister.
The video brought back Sowjanya’s murder into public conversation, with some making allegations that Sowjanya’s family paid Sameer to make the video, an allegation which her family denied to TNM.
The Ballari district police booked Sameer for offending religious sentiments, triggering protest from civil society. The Karnataka High Court has since stayed his arrest in the case.
Activists in Bengaluru who planned meetings and discussions on Sowjanya’s rape and murder were issued legal notices citing Karnataka HC orders by representatives of Heggade and the Bengaluru police. They eventually had to approach the Karnataka High Court for relief and went ahead with the meeting after Justice M Nagaprasanna upheld their right to hold a meeting.
Activists have since then decided to organise a ‘Dharmasthala Chalo’ protest.
Editor’s Note: TNM has used Sowjanya’s name with written consent from her mother.
