BBC argues lack of jurisdiction in PM Modi documentary defamation case

BJP leader Binay Kumar Singh sued British media giant for defamation

| Updated: 11 May, 2023 8:21 pm IST

NEW DELHI: The under-fire British Broadcasting Company (BBC) on Thursday argued that the Delhi Court does not have the jurisdiction “to try the present matter”.

Rohini Court is hearing a defamation case filed against the UK media giant, the Wikimedia Foundation and the Internet Archive by Bharatiya Janata Party (BJP) leader Binay Kumar Singh for its controversial two-part documentary on Prime Minister Narendra Modi.

Counsels appearing for the BBC and Wikimedia Foundation also stated that they are foreign entities that have not been served properly and are appearing under protest.

When the counsel for BBC submitted that she has not received the copies “as the service has not been effected properly upon”, the counsel for complainant Singh offered to hand over the physical copy of the suit in court.

However, the lawyer representing BBC objected and said that this would be prejudicial to its rights in view of the Hague Convention.

“Ld. Counsel for the defendant no. 1 (BBC) submits that she has not received the copies as the service has not been effected properly upon the defendant no. 1. Ld. Counsel for the plaintiff is ready to supply the copy in the court today, which is not accepted by Ld. Counsel for the defendant no. 1 stating that the same shall be prejudicial to her rights in view of the Hague Convention. She needs time to argue on this point,” Additional District Judge (ADJ) Ruchika Singla recorded in the order.

The Court then proceeded to adjourn the matter and list it for arguments on May 26.

Meanwhile, counsel appearing for the US-based digital library Internet Archive said that it has removed the documentary from its platform.

Last week, a Delhi court issued a summons to the British Broadcasting Corporation, Wikimedia Foundation and the Internet Archive in a defamation suit filed by Singh seeking to restrain them from publishing the BBC documentary on Prime Minister Narendra Modi or any other material related to the RSS and Vishwa Hindu Parishad.

Additional District Judge Ruchika Singla of Rohini Courts issued summons in the suit, which was moved through Advocate Mukesh Sharma and listed for hearing today.

In his suit, Singh stated that the allegations made in the documentary against the RSS and Vishwa Hindu Parishad are motivated by malicious intent to defame the organizations and their members or volunteers.

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