Wed. Dec 6th, 2023

New Delhi- A Delhi court docket on Friday issued recent summons to the British Broadcasting Corporation (BBC) and others in a defamation go well with searching for to restrain them from publishing the BBC documentary on Prime Minister Narendra Modi or some other materials associated to the Rashtriya Swayamsevak Sangh (RSS) and the Vishwa Hindu Parishad (VHP).

Additional District Judge Ruchika Singla of Rohini Courts in a go well with filed by BJP chief Binay Kumar Singh noticed that the BBC and different defendants — Wikimedia Foundation and the US-based digital library Internet Archive — are international entities and the service of summons have to be effected as per tips issued by Delhi High Court.

Earlier, it was opposed that because the defendants are international entities, the service may very well be effected solely as per the process prescribed.

During the listening to, the court docket on Friday mentioned that mere submitting of ‘vakalatnama’ by the attorneys shall not dispose of the necessary requirement of the service of summons on the defendant entities beneath the prescribed process.

“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, which has admittedly not been done in the present case, ” the court docket mentioned.

It added: “It is directed that the summons be issued afresh to the defendants on filing of PF within 7 days to be served through the Department of Legal Affairs, Ministry of Law & Justice, as per rules.”

The court docket had earlier issued summons.

Singh, who claims to be the state govt committee member of the Jharkhand BJP and an lively volunteer of the RSS and VHP, moved the go well with by way of advocate Mukesh Sharma stating that the claims made within the documentary in opposition to the RSS and Vishwa Hindu Parishad are made with the intention of defaming the organisations and its volunteers.

“The allegations made against the RSS and VHP are motivated by a malicious intent to defame the organisations and its millions of members/volunteers. Such unfounded allegations are not only baseless but also have the potential to damage the reputation and image of the RSS, VHP and its millions of members/ volunteers, who have committed themselves to upholding the cultural, social and national values of India, ” the go well with states.

The two-volume documentary collection that has already been banned is however simply accessible within the public area on Wikimedia and the Internet Archive, Singh has argued.

“The Defendant No.1 (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, ” the go well with says.

Singh has additionally sought an order of unconditional apology by the defendants, to him, the RSS, and the Vishwa Hindu Parishad for the allegedly “libellous and defamatory content” that was included within the two-volume documentary collection.

The go well with states: “The plaintiff has worked assiduously over decades to build his career and reputation, and if this matter is left unchecked, it will permanently demolish the Plaintiffs hard-earned reputation and career. Therefore, even though the Plaintiff is a champion of free speech, he is compelled to seek an immediate injunction to safeguard his reputation and livelihood.”

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