New Delhi [India], April 29 : Delhi's Rohini court on Monday issued fresh summons to the British Broadcasting Corporation (BBC) at its UK address in connection with the controversial documentary series "India: The Modi Question." The summons issued earlier has not been served.
Additional District Judge (ADJ) Ruchika Singla issued the summons to BBC at its UK address. The matter has been listed on August 27, 2024 for further hearing.
"However, summons issued to defendant no. 1 not received back. Same be issued afresh on the UK address in compliance of order dated 07.07.2023 on filing of Processing Fee (PF) within 7 days from today," ADJ Singla said on April 29.
Earlier, in July 2023, the summons was 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 have 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 Narendra 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 entities based in the UK. The other defendants Wikipedia Foundation and Internet Archive had also adopted the arguments of counsel for BBC.
The British Broadcasting Corporation (BBC) and Wikimedia Foundation had raised the point of jurisdiction before the Court. They also had submitted that they have 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 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 had moved a plea through social media lawyer Advocate Mukesh Sharma.
The petitioner Binay Kumar Singh has prayed to the court to pass an order restraining the defendants including their agents, etc to cease the publishing of the two-volume documentary series "India: The Modi Question" or any other defamatory material pertaining to 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 the 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 lakh from the defendants for alleged defamation caused by the documentary because he is also associated with RSS, VHP and BJP. It is said that in January 2023, BBC aired the two-volume documentary series "India: The Modi Question".
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 the extent of violence against Muslims including widespread and systematic rape of Muslim
women, with the aim to purge Muslims from Hindu areas.
Further, there are many other endless accusations against BJP, RSS and VHP and it claimed that at least 2,000 people were murdered during violence, with the vast majority being Muslim and the said violence was 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 the month of 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.