BBC documentary controversy: Court adjourns matter till December 18, grants time to file process

New Delhi: Delhi's Rohini Court on Tuesday adjourned the matter related to the BBC documentary 'India: The Modi Question' matter till December 18, 2024.
Additional District Judge (ADJ) Ruchika Singla granted one week to file the process with the petitioner and listed the matter on December 18, 2024. The court had issued a fresh summons to the BBC at its UK address in April. This matter is related to the ban on the documentary "India: The Modi Question."
On April 29, the Court issued a fresh summons to the British Broadcasting Corporation (BBC) at its UK address. Summons issued earlier had not been served.
"However, summons issued to defendant no. 1 have not been received back. The same will be issued afresh to the UK address in compliance with the order dated July 7, 2023, on the filing of the processing fee (PF) within 7 days from today," ADJ Singla said on April 29.
Earlier, in July 2023, summons were issued as per the Hague Convention. The court noted that the Wikimedia Foundation and Internet Archive have received the summons.
The counsel for the plaintiff placed on record the tracking report as per which the summons has been served upon ABC Legal Service on March 23, 2024. The court is hearing a plea seeking a direction restraining the publishing of the BBC Documentary based on PM Modi.
The Counsel for BBC earlier had submitted that BBC is a foreign entity and service should be served as per The Hague Convention. The counsel had also submitted that the plaintiff has used different emails of an entity that is based in the UK. The other defendants Wikipedia Foundation and Internet Archive had also adopted the arguments of counsel for BBC.
British Broadcasting Corporation (BBC) and Wikimedia Foundation had raised the point of jurisdiction before the Court. They also had submitted that they had not been served properly as per the Hague Convention as they are foreign entities.
On May 3, the Court issued a summons to these three organisations on a plea moved by Binay Kumar Singh. The counsels for the BBC and Wikimedia Foundation had appeared in protest and submitted that they had not been served properly. The counsels had also refused to accept the copy of the plea in the court.
The Counsels had submitted that they are appearing under protest as they have not been served properly as the defendant BBC and Wikimedia are foreign entities. The Counsels also submitted that this court does not have the jurisdiction to try the present matter. The Counsel for BBC had submitted that she has not received the copies as the service has not been effected properly upon the defendant BBC.
The petitioner Binay Kumar Singh has prayed the court to pass an order restraining the Defendants restraining them including their agents, etc., to cease the publishing of the two-volume documentary series "India: The Modi Question" or any other defamatory material about the Plaintiff, Rashtriya Swayamsewak Sangh (RSS) and Vishwa Hindu Parishad (VHP) on the platforms of Wikimedia and Internet Archive or any other online or offline platforms.
He has also sought to pass a direction to the Defendants ordering them to tender an unconditional apology to the Plaintiff as well as to RSS and VHP for the libellous and defamatory content published in the two-volume documentary series.
The petitioner has also sought damages of Rs.10 lakhs from the defendants for alleged defamation caused by the documentary because he is also associated with RSS, VHP and BJP.
The plea read "It is submitted that through the said documentary, BBC claims that there are rising tensions between India's Prime Minister Narendra Modi and the country's Muslim minority; there is an alarming rise of hate crimes and extreme politics in India, particularly targeting the Muslim community."
"It is also stated that it is also claimed that there is a dangerous call for violence to make India a Hindu Nation and it also includes a report alleging that the extent of violence against Muslims including widespread and systematic rape of Muslim women, to purge Muslims from Hindu areas."
"Further, there are many other endless accusations against BJP, RSS VHP etc. and it claimed that at least 2000 people being murdered during the violence, with the vast majority being Muslim and the said violence being organized by extremist Hindu nationalist groups," the plea said.
It is also alleged that BBC strategically and purposefully disseminated unfounded rumours without verifying the authenticity of the claims.
"Furthermore, the accusations made therein foster animosity between multiple faith communities, in particular Hindus and Muslims. Therefore, considering the said fact, the central government during January 2023, in absolute bona fide has justifiably blocked the said two-volume documentary by using its emergency powers under the law of the land," the Petitioner said.