BBC gets fresh summons over Modi documentary

Court notes they are foreign entities and orders that notice be served by the Ministry of Law and Justice as per procedure

This photo shows a BBC sign outside the entrance to the headquarters of the publicly funded media organization in London, July 19, 2017. | Photo Credit: AP

Delhi’s Rohini Court on July 7 issued fresh notices to the British Broadcasting Corporation (BBC), Wikimedia Foundation and U.S.-based digital library Internet Archive in a defamation case over the two-part documentary on Prime Minister Narendra Modi.

The summons was issued in a case filed against the three by Bharatiya Janata Party (BJP) leader Binay Kumar Singh.

The order was served through the Union Ministry of Law and Justice after noting that both were foreign entities and thus subject to the rules formulated under the Hague Convention.

In the previous hearing of the matter, on May 3, the lawyers of the two foreign entities had told the court that they have not served the notice on this case properly and that this court does not have the jurisdiction to deal with the defamation case against them.

Additional District Judge Ruchika Singla, who is hearing the matter, said that 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.

“Hence, it is directed that the summons be issued afresh to the defendants [BBC, Wikimedia Foundation and Internet Archive] on the filing of process fee within seven days to be served through the Department of Legal Affairs, Ministry of Law & Justice as per rules,” the judge added.

According to the defamation complaint of Mr. Singh, the BBC documentary, India: The Modi Question, has defamed organisations like the RSS, VHP and the BJP.

The prayers made in the defamation complaint are that the court should pass an order restraining all the Defendants (including their agents, representatives, associates, heirs, relatives etc.) to cease the publishing of two-volume documentary series “India: TheModiQuestion” or any other defamatory material pertaining to the Plaintiff, (RSS and VHP) on their platforms.

It is also prayed from the court to pass a direction to the defendants to tender an unconditional apology to the Plaintiff as well as to the RSS and VHP as well as pass a decree of damages of ₹10,00,000 in favour of the Plaintiff and against the defendants.