BBC documentary issue: Court issues summons to BBC, others on plea seeking permanent injunction, damages

May 03, 2023

New Delhi [India], May 3 : Delhi's Rohini court on Wednesday issued summons to British Broadcasting Corporation (BBC), Wikimedia Foundation and Internet Archive on a plea seeking a direction restraining the defendants from publishing the BBC documentary based on Prime Minister Narendra Modi.
Additional District Judge Ruchika Singla issued summons to the defendants on a plea moved by Binay Kumar Singh.
The court has also directed them to file their written statement within 30 days from the date of service of the summons.
The matter has been listed for further proceedings on May 11.
The petitioner has moved a plea through social media lawyer Mukesh Sharma.
The petitioner Binay Kumar Singh has prayed to the court to pass an order restraining the defendants including their agents, etc from publishing 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 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 the month of 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 etc. and it claimed that at least 2,000 people were 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 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.