The Delhi High Court on Monday re-issued notice to the British Broadcasting Corporation (BBC) on a plea filed by an NGO seeking damages, alleging that the documentary ‘India: The Modi Question’ tarnished the country’s reputation and makes false and defamatory accusations against the country. Prime Minister Narendra Modi and the Indian judiciary.
Besides BBC (UK), Justice Sachin Datta also issued a fresh notice to BBC (India) on the plea filed by Gujarat-based NGO Justice On Trial.
Counsel for the petitioner NGO informed the High Court that notices had previously been served on BBC (UK) and BBC (India) but could not be served. Lawyer Siddharth Sharma, who represented the NGO, sought more time to serve the notices to the defendants.
Issue fresh notice to the accused through all permissible means, the high court ordered and listed the matter for further hearing on December 15.
On May 22, she served notice of the plea to the defendants stating that BBC (UK) is the national broadcaster of the United Kingdom and has released the news documentary – ‘India: The Modi Question’ – which has two episodes and BBC ( India) is the local operational office. It said the two episodes were published in January 2023.
The petitioner has claimed damages of Rs 10,000 crore in favor of the NGO and against the respondents for loss of reputation and goodwill towards the Honorable Prime Minister of India, the Government of India and the Government of the State of Gujarat. as it was during the period of the Gujarat riots, and also for the people of India.
The documentary covers the 2002 riots in Gujarat, when Modi was the state’s chief minister.
The government had banned the documentary shortly after its release.
The plaintiff society, which says that it is 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 a suit for damages and also sought permission to to file as an indigent person.
It is alleged that the documentary contains content that tarnishes the reputation of the country and also makes false and defamatory allegations and insinuations against the Prime Minister of India, the Indian judiciary and the Indian criminal justice system.
The plea alleged that the defendant’s ‘disparaging and defamatory’ statements have caused serious and irreparable damage to the reputation of and deprived of the goodwill built up by the Prime Minister of India, the Government of India and the State Government Gujarat. and also the people of India.
It said the broadcaster’s conduct was actionable and made them liable for damages.
The NGO has filed an Indigent Person Application (IPA), which allows an indigent person to file a lawsuit.
In the plea for an order for damages, the relief is provisionally valued at Rs 10,000 crore towards legal costs and the plaintiff has filed an application under Order 33 Rules 1 and 2 of the Code of Civil Procedure (CPC) seeking permission to act as suing an indigent person because he does not have sufficient resources to pay the court the compensation prescribed by law.
Under the CPC, a claimant is required to pay a certain amount of legal costs.
Order 33 of the CPC deals with filing of suits by indigent persons. It is said that a person is indigent if he does not have sufficient resources to enable him to pay the compensation prescribed by law for the plaintiff in such a suit.
The extent of the damage can only be determined after a more extensive investigation into the extent of the damage caused. However, for now, the plaintiff estimates the damage at Rs 10,000 crore.
The Center had earlier issued instructions for blocking several YouTube videos and Twitter posts with links to the BBC documentary, which the Ministry of External Affairs described as a ‘propaganda piece’ that lacks objectivity and reflects a colonial mindset.
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