Delhi court issues fresh summons to BBC through Indian govt's legal affairs dept

New Delhi [India], July 7 : Delhi's Rohini Court on Friday issued fresh summons to British Broadcasting Corporation (BBC), Wikimedia and Internet Archive through the Legal Affairs Department, Government of India in accordance with the Hague convention.

The defendants including BBC had contended that as the defendants are foreign entities, they should have been served as per the Hague convention.

This matter pertains to the controversy over the documentary series "India: The Modi Question."

The court had on May 26 reserved its order on the point of service of summon to BBC and other parties as per the Hague convention.

Additional District Judge (ADJ) Ruchika Singla issued fresh summons to the defendants through the Legal Affairs Department, Ministry of Law and Justice, Government of India.

The ADJ said, "As the defendants are foreign entities, the service must be effected as per the guidelines issued by the Hon'ble High Court vide its circular dated September 13, 2011, as per the Hague Convention 1965."

Hence, it is directed that the summons be issued afresh to the defendants on the filing of PF within 7 days to be served through the Department of Legal Affairs, Ministry of Law & Justice, Govt. Of India, as per rules, the judge ordered on Friday.

The court 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.

It was argued by the counsel for the plaintiff that as the defendants have already engaged their counsels, who have appeared in the court, the service is deemed to be effected and that the defendant Internet Archive cannot take the plea of improper service at this stage.

The court referred to a judgement of the Supreme Court which said that the appearance of an Advocate and filing of a Vakalatnama by him cannot and does not dispense with the requirement to serve the writ of summons.

Accordingly, Defendant, in the absence of service of summons, could not have made any representation and/or filed its written statement, the judgement said.

In light of the above, it is immaterial that the Advocate for Defendant appeared on his behalf before the trial court, it added.

"Mere filing of a Vakalatnama and appearance of the said Advocate could not have dispensed with/waived the requirement of service of summons."

"The said Vakalatnama cannot be considered to be proof of service of summons, " the judgement read.

The court is hearing a plea seeking a direction restraining the publishing of the BBC documentary based on PM Modi.

The counsel for BBC had submitted that BBC is a foreign entity and service should be served as per the Hague Convention.

The counsel also submitted that the plaintiff has used different emails of the entity which is based in the UK.

The other defendants Wikimedia Foundation and Internet Archive also adopted the arguments of counsel for BBC.

On the other hand, Advocate Mukesh Sharma, counsel for the plaintiff, argued that BBC (UK) is not a party in the suit. He has filed the suit against BBC India which is not a foreign entity.

So there is no question of following the process as per Hague Convention in the matter.

During the hearing, an application was moved on behalf of Internet Archive for deletion of its name from the list of parties as it has removed the link to the content.

British Broadcasting Corporation (BBC) and Wikimedia Foundation had raised the point of jurisdiction before the Court.

They also submitted that they have not been served properly as per Hague Convention as they are foreign entities.

On May 3, the Court had issued summons to these three organisations on a plea moved by Binay Kumar Singh.

The counsels for the BBC and Wikimedia Foundation had appeared in protest and submitted that they have not been served properly.

The counsels had also refused to accept the copy of the plea in the court.

The counsels had submitted that they are appearing under protest as they have not been served properly as the defendant BBC and Wikimedia are foreign entities.

The Counsels also submitted that this court does not have the jurisdiction to try the present matter.

The Counsel for BBC had submitted that she has not received the copies as the service has not been effected properly upon the defendant BBC.

The petitioner has moved a plea through social media lawyer advocate Mukesh Sharma.

The petitioner Binay Kumar Singh has prayed the court to pass an order restraining the defendants including their agents, etc. to cease the publishing of two-volume documentary series "India: The Modi Question" or any other defamatory material pertaining to the plaintiff, Rashtriya Swayamsewak Sangh (RSS) and Vishwa Hindu Parishad (VHP) on the platforms of Wikimedia and Internet Archive or any other online or offline platforms.

He has also sought to pass a direction to the Defendants ordering them to tender an unconditional apology to the Plaintiff as well as to RSS and VHP for the libellous and defamatory content published in the two-volume documentary series.

The petitioner has also sought damages of Rs 10 lakh from the defendants for alleged defamation caused by the documentary because he is also associated with RSS, VHP and BJP.

It is said that in the month of January 2023, BBC aired the two-volume documentary series "India: The Modi Question".

It is submitted that through the said documentary, BBC claims that there are rising tensions between India's Prime Minister Narendra Modi and the country's Muslim minority; there

is an alarming rise of hate crimes and extreme politics in India, particularly targeting the Muslim community.

It is also stated that it is also claimed that there is a dangerous call for violence to make India a Hindu Nation and it also includes a report alleging that the extent of violence against Muslims including widespread and systematic rape of Muslim women, with the aim to purge Muslims from Hindu areas.

Further, there are many other endless accusations against BJP, RSS and VHP etc. and it claimed that at least 2000 people were murdered during the violence, with the vast majority being Muslim and the said violence being organized by extremist Hindu nationalist groups, the plea said.

It is also alleged that BBC strategically and purposefully disseminated unfounded rumours without verifying the authenticity of the claims.

Furthermore, the accusations made therein foster animosity between multiple faith communities, in particular Hindus and Muslims. Therefore, considering the said fact the Central government during the month of January 2023, in absolute bona fide has justifiably blocked the said two-volume documentary by using its emergency powers under the law of the land, the Petitioner said.