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The Delhi High Court Monday sought the BBC’s stand in a suit moved by a public trust Justice on Trial, which has claimed that its two-part documentary “casts a slur on the reputation of the country and also makes false and defamatory imputations and insinuations against the Prime Minister of India”. The documentary, India: the Modi Question, was released in January this year.
A single judge bench of Justice Sachin Datta, while issuing notice to both the BBC India and the BBC, the UK’s national broadcaster, in its order noted, “It is the contention of the plaintiff that the defendant no. 2 (BBC) has released a two-episode news documentary titled India: The Modi Question. The two episodes are stated to have been published in January 2023. It is contended that the said documentary/publication contains content which casts a slur on the reputation of the country and also makes false and defamatory imputations and insinuations against the Prime Minister of India, the Indian Judiciary, and the Indian criminal justice system,” reports The Indian Express.
“Details thereof have been set out in paragraphs 11-26 of the plaint. It is averred that the aforesaid conduct of the respondents is actionable and has made them liable to damages, as claimed in the suit. Issue notice to the respondents through all permissible modes, returnable on 25.09.2023.”
The order records that Justice on Trial is a society registered under the Societies Registration Act and is also registered as a Public trust under the provisions of the Bombay Public Trust.
The plaintiff moved the HC in a “suit for damages”, under Order 33 of the Code of Civil Procedure (CPC) “seeking permission to file as an indigent person”.
According to the provisions of the CPC, someone is an indigent person if “he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit”.
Earlier this month, a Delhi court had issued summons to the BBC, the Wikimedia Foundation, and the Internet Archive after BJP leader Binay Kumar Singh filed a defamation suit, seeking a permanent restraint order against the organisations from broadcasting the BBC documentary.
“The defendant is directed to file his written statement within 30 days from the date of service of the summons. Endorsement be made on the summons accordingly,” the order, passed by Additional District Judge of the Rohini court, Ruchika Singla, had said on May 4.
The suit also seeks an unconditional apology and damages worth Rs 10 lakh. The suit said the documentary has “generated an atmosphere of terror and fear among members of various groups, and possesses the potential to trigger violence and jeopardise public order across the nation…”.
The plaintiff, which is stated to be a society registered under the Societies Registration Act, 1860 and also registered as a Public trust under the provisions of the Bombay Public Trust, 1950, has filed the present suit for damages, invoking Order XXXIII of the Code of Civil Procedure, 1908, seeking permission to file as an indigent person.
In its response, the British Broadcasting Corporation said that the court did not have jurisdiction to deal with the defamation case. This matter is now listed for hearing on May 26.
On April 27, in a separate case, the Delhi High Court had set aside the order issued by Delhi University which had debarred a PhD scholar for a year for his alleged involvement in the disturbance of law and order during a bid to screen the BBC documentary on campus.
A single-judge bench of Justice Purushaindra Kumar Kaurav had said DU’s administrative authority had not offered PhD scholar and NSUI national secretary Lokesh Chugh an opportunity to be heard and that there was no consideration of Chugh’s submissions or explanation in the debarment order. Chugh is pursuing his PhD from DU’s Department of Anthropology.
Source: The Indian Express
