A Delhi court on Friday issued fresh summons to British Broadcasting Corporation (BBC), Wikimedia Foundation, and Internet Archives through the Department of Legal Affairs in a defamation suit filed by a Bharatiya Janata Party (BJP) leader seeking an injunction on the airing of the documentary series “India: The Modi Question”.
Additional district judge Ruchika Singla of the Rohini court observed that the defendants are foreign entities and therefore, the service of summons must be effected as per guidelines issued by Delhi high court.
“As the defendants are foreign entities, the service must be effected as per the guidelines issued by the Hon’ble high court....it is directed that the summons be issued afresh to the defendants on the filing of PF within seven days to be served through the Department of Legal Affairs, Ministry of Law & Justice, Govt. of India, as per rules,” the court order stated.
A civil defamation suit was filed by BJP functionary Binay Kumar Singh seeking a permanent injunction order to disallow the three organizations, BBC, Wikimedia Foundation, and Internet Archives (defendants in the case), from publishing the banned BBC documentary series on the 2002 Gujarat riots, when Prime Minister Narendra Modi was the state’s chief minister.
The court had on May 26 reserved its order on the point of service of summon to BBC and other parties as per the Hague Convention. The court, after hearing the arguments, noted that the parties involved in the suit are subject to the Hague Convention as the relevant countries are all parties to the Hague Convention.
{{/usCountry}}The court had on May 26 reserved its order on the point of service of summon to BBC and other parties as per the Hague Convention. The court, after hearing the arguments, noted that the parties involved in the suit are subject to the Hague Convention as the relevant countries are all parties to the Hague Convention.
{{/usCountry}}“It is clear that as per the rules formulated under the Hague Convention and by the Government of India, the summons/notices in foreign countries can be effected only through the Department of Legal Affairs, Ministry of Law and Justice, Government of India, which has admittedly not been done in the present case,” the court further observed.
Noting that the summons had been not effected properly, justice Singla issued a fresh summons and listed the matter for further hearing on November 18.
The court had earlier on May 3 issued summons to BBC, Wikimedia Foundation and Internet Archive where it had been alleged that the three defendants are working together in order to “tarnish the image of the country as well as distinguished organizations like RSS (Rashtriya Swayamsevak Sangh), and VHP (Vishwa Hindu Parishad)”.
Singh had through his suit sought a direction ordering them to tender an unconditional apology to him as well as the organisations for the defamatory content and has sought damages of Rs.10,00,000.
The Government of India had in January 2023 imposed a ban on the BBC documentary which had triggered agitations in India and abroad, with critics of the government and advocates of free speech protesting the government’s ban, while others - including some members of the Indian diaspora - favour of the ban and protest against the BBC.
The ban also triggered outrage from students at various colleges and universities throughout the country and various protest screenings were also organised in colleges.