By Online Desk
A Delhi court on Friday issued a fresh summons to British Broadcasting Corporation (BBC) in connection with a defamation suit filed by a Bharatiya Janata Party (BJP) leader seeking an injunction on the airing of the documentary series “India: The Modi Question”.
The summons was also issued to Wikimedia Foundation, and Internet Archives through the Department of Legal Affairs.
Additional district judge Ruchika Singla of the Rohini court observed that the defendants are foreign entities and therefore, the service of summons must be effected as per guidelines issued by Delhi high court.
“As the defendants are foreign entities, the service must be effected as per the guidelines issued by the Hon’ble high court….it is directed that the summons be issued afresh to the defendants on the filing of PF within seven days to be served through the Department of Legal Affairs, Ministry of Law & Justice, Govt. of India, as per rules,” the court order said.
The court had earlier issued a summons in May. However, an objection was taken that since the defendants are foreign entities based in USA and UK, the service could be effected only as per the procedure prescribed.
While issuing fresh summons, the court said that mere filing of vakalatnama by the lawyers shall not do away with the mandatory requirment of the service of summons on the defendant entities under the prescribed procedure, Live Law reported.
“Hence, by virtue of the same, 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 admittedly not been done in the present case,” the court said.
The complainant in the case is Binay Kumar Singh, a BJP functionary who pleaded for a ban in the broadcast of the documentary. Singh had through his suit sought a direction ordering them to tender an unconditional apology to him as well as the organisations for the defamatory content and has sought damages of Rs.10,00,000.
The Centre had in January 2023 imposed a ban on the documentary which deals with the communal politics of BJP particularly the 2022 post-Godhra riots in Gujarat. The ban triggered protests and special screenings of the documentary in locations including college campuses by critics of the government and opposition parties.
A Delhi court on Friday issued a fresh summons to British Broadcasting Corporation (BBC) in connection with a defamation suit filed by a Bharatiya Janata Party (BJP) leader seeking an injunction on the airing of the documentary series “India: The Modi Question”.
The summons was also issued to Wikimedia Foundation, and Internet Archives through the Department of Legal Affairs.
Additional district judge Ruchika Singla of the Rohini court observed that the defendants are foreign entities and therefore, the service of summons must be effected as per guidelines issued by Delhi high court.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
“As the defendants are foreign entities, the service must be effected as per the guidelines issued by the Hon’ble high court….it is directed that the summons be issued afresh to the defendants on the filing of PF within seven days to be served through the Department of Legal Affairs, Ministry of Law & Justice, Govt. of India, as per rules,” the court order said.
The court had earlier issued a summons in May. However, an objection was taken that since the defendants are foreign entities based in USA and UK, the service could be effected only as per the procedure prescribed.
While issuing fresh summons, the court said that mere filing of vakalatnama by the lawyers shall not do away with the mandatory requirment of the service of summons on the defendant entities under the prescribed procedure, Live Law reported.
“Hence, by virtue of the same, 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 admittedly not been done in the present case,” the court said.
The complainant in the case is Binay Kumar Singh, a BJP functionary who pleaded for a ban in the broadcast of the documentary. Singh had through his suit sought a direction ordering them to tender an unconditional apology to him as well as the organisations for the defamatory content and has sought damages of Rs.10,00,000.
The Centre had in January 2023 imposed a ban on the documentary which deals with the communal politics of BJP particularly the 2022 post-Godhra riots in Gujarat. The ban triggered protests and special screenings of the documentary in locations including college campuses by critics of the government and opposition parties.
