Delhi HC summons BBC over defamation suit alleging damage to India's reputation in documentary

On May 22, the Delhi High Court sent a formal notice to the British Broadcasting Corporation (BBC) following a petition filed by a non-governmental organization (NGO). The NGO alleged that the documentary titled 'India: The Modi Question' by the BBC tarnishes India's reputation and contains untrue and defamatory allegations against Prime Minister Narendra Modi and the Indian judiciary.

In addition to the national broadcaster of the United Kingdom, the Delhi High Court Justice Sachin Dutta has also served notice to BBC (India) based on a petition filed by the NGO 'Justice On Trial'. The petition is regarding a documentary that explores the events surrounding the 2002 Gujarat riots. The High Court has scheduled the case for further hearing on September 25.

The NGO, represented by senior advocate Harish Salve, argued that the BBC had released a two-episode news documentary titled 'India: The Modi Question'. These two episodes are reported to have been aired in January 2023.

According to the NGO's argument, the documentary allegedly includes material that tarnishes the country's reputation and makes false and defamatory accusations and insinuations against the Prime Minister of India, the Indian Judiciary, and the Indian criminal justice system. The plea further states that the broadcaster's actions are legally actionable and have exposed them to potential damages. 

What's the BBC documentary about? 

"India: The Modi Question" is a compelling two-part documentary series that delves into the escalating tensions between the Indian prime minister and the Muslim minority within the country. Originally broadcasted in the United Kingdom in January, the series meticulously explores the complex dynamics surrounding this issue.

According to BBC, since assuming office in 2014, Prime Minister Modi and his Bharatiya Janata Party (BJP) government have implemented policies with a Hindu-centric focus. However, these policies have faced criticism for allegedly targeting and discriminating against India's substantial Muslim population of approximately 200 million. Critics argue that such measures align with a right-wing religious nationalist agenda, causing concerns about a departure from India's secular foundations.

In the initial episode, the documentary delves into historical allegations dating back two decades when Narendra Modi served as the Chief Minister of Gujarat. During this period, a tragic incident occurred wherein a train carriage carrying 60 Hindu pilgrims was set ablaze, resulting in their deaths. The cause of the fire was a subject of dispute; however, the Muslim community was held responsible, triggering a violent chain of retaliatory acts. Hindu mobs targeted Muslim residences throughout the state, leading to a wave of devastating communal violence. The riots claimed the lives of over 1,000 individuals, with the majority being Muslims.

Following the tragic events, Modi's state government faced accusations of complicity in the violence, with allegations suggesting that they encouraged Hindu mobs and instructed the police to refrain from intervening as Muslim households were attacked. These allegations regarding Modi's role in the communal violence have haunted him for years and even resulted in a ban from entering the United States due to serious doubts surrounding his involvement.

However, in 2012, a Special Investigation Team (SIT) appointed by the Supreme Court of India thoroughly examined the matter and ultimately cleared Modi of complicity in the violence. The SIT stated that there was insufficient evidence to substantiate the allegations against him. This verdict was subsequently upheld in 2022, further affirming his exoneration. After assuming office as the Prime Minister in 2014, Modi's ban on obtaining a US visa was lifted.

What is " Justice on Trial"? 

Justice On Trial (JOT) is a non-governmental organization (NGO) based in Gujarat, India, dedicated to upholding national unity and integrity by shedding light on prevailing injustices in different regions of the country. The organization strives to identify areas of concern and propose effective strategies to eliminate these injustices. JOT's selection of investigative topics is based on information received from diverse sources, highlighting the grievances experienced by different segments of society across various regions of India. By examining societal inequalities and injustices, JOT aims to generate public awareness and foster a proactive response to address these pressing issues.

What has been the reaction by the government till now? 

Earlier, the government gave orders to restrict access to several YouTube videos and Twitter posts that shared links to the BBC documentary. The Ministry of External Affairs criticized the documentary, referring to it as a "propaganda piece" that lacked objectivity and showcased a colonial mindset. The government's action was taken in response to its assessment of the documentary's content and its concerns regarding the potential impact of such material on public perception.

Recently, High Court in Delhi has issued summons to the BBC, Wikipedia, and Internet Archives. The summons were issued in connection with a defamation lawsuit filed by Binay Kumar Singh, a prominent leader of the Bharatiya Janata Party (BJP). The lawsuit is connected to the aforementioned documentary, and the court has called upon these entities to address the allegations made in the suit. The legal action taken by Singh reflects his concerns regarding potential defamation and seeks appropriate resolution through the judicial process.