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Documentary row: BBC, Wikimedia say Delhi court has no jurisdiction to hear case

TelanganapressBy TelanganapressMay 12, 2023No Comments

The two-part BBC documentary “India: The Modi Problem” defamed organizations such as the BJP, RSS and VHP, according to complainant Vinay Kumar Singh

Posted Date – 07:40 AM, Fri – 12 May 23

Documentary row: BBC, Wikimedia say Delhi court has no jurisdiction to hear case

The two-part BBC documentary “India: The Modi Problem” defamed organizations such as the BJP, RSS and VHP, according to complainant Vinay Kumar Singh

New Delhi: The BBC and Wikimedia Foundation filed in a Delhi court on Thursday that it does not have jurisdiction to hear a criminal case brought by a BJP leader who sought to prevent them from publishing a documentary about the 2002 Gujarat riots, or any other defamation RSS and Vishva Hindu Parishad (VHP).

The court issued subpoenas to the BBC, Wikimedia and the Internet Archive on 3 May in connection with the criminal proceedings.

According to complainant Vinay Kumar Singh, the two-part BBC documentary “India: The Modi Problem” defamed organizations such as the BJP, RSS and VHP.

“Defendants’ lawyers did not. 1 (BBC) and 2 (Wikimedia Foundation) stated that their appearances were protested because they were not properly identified as defendants…foreign entities. Furthermore, defendants’ lawyers…argue that this Court did not hear Jurisdiction in the present case,” Additional District Judge (ADJ) Ruchika Singla said.

The court also noted the submission of counsel for the American digital library Internet Archive (Defendant 3), according to which the content had already been removed, and if the complainant had any other objections to it, it would take what was required.

The judge noted that after the BBC’s defense told the court she had not received a copy of the summons, the plaintiff’s lawyer said a copy could be provided in court.

“… Counsel for Defendant No. 1 did not accept this argument, arguing that it would prejudice her rights in light of the Hague Convention. She needs time to argue this point,” the court said.

“Furthermore, a copy was provided to defendant No. 2, but lawyers indicated that this was also not legally required under the Hague Convention,” the court said.

Lawyers for the BBC and the Wikimedia Foundation also said they had to attend the cremation of their predecessors who died last night. “Therefore, as requested, the matter will be adjourned for debate on May 26,” the judge said.

Earlier, the court heard that while the documentary has been banned by the government, the series’ Wikipedia page provides a viewing link and the content is still available on the Internet Archive.

Complainant Singh said he was a member of the state executive committee of Jharkhand BJP and an active volunteer of RSS and VHP. He claimed that the BBC documentary defamed organizations such as the RSS, VHP and BJP.

The complainant sought instructions from the BBC and other interviewees to “offer an unconditional apology” to him and to RSS and VHP for defamatory and defamatory content published in the two-volume documentary series.

“By a damages order of Rs 10 lakh, plaintiff won and defendant lost,” it further urged the court.

It claims that the allegations against RSS and VHP were made with “malicious intent to defame these organizations and their millions of members/volunteers.”

It claimed the BBC had “strategicly and purposefully spread baseless rumours, without verifying the veracity of the claims”.

Furthermore, it claims that the allegations in it have fueled hostility between multiple faith groups, especially Hindus and Muslims.

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