BBC documentary: ML Sharma moves Supreme Court against ban on 'India: The Modi Question'

A public interest litigation (PIL) petition has been filed before the Supreme Court challenging the Central government's ban on the BBC documentary relating to 2002 Gujarat Riots. .The PIL claimed that the ban on the documentary was arbitrary and unconstitutional and also called for investigation into those responsible for failing to contain the riots. The plea was mentioned before Chief Justice of India (CJI) DY Chandrachud for urgent listing. The CJI agreed to list the case on February 6, Monday. A separate petition filed by journalist N Ram and advocate Prashant Bhushan against removal of their tweets with links to the BBC documentary, will also be heard on Monday next week. .The documentary titled ‘India: The Modi Question’ examines the riots and the role of Prime Minister Narendra Modi who was then the Chief Minister of Gujarat when the riots happened. The Central government has banned the documentary on social media and online channels though it has been screened in various colleges and universities across the country. "That cause of arose to file present petition arose to the petitioner on 21st January 2023 when respondent invoking rule 16 of IT rule 2021 prohibited citizen of India to see BBC documentary consisting/ disclosing true facts of Gujrat riot 2002 butchering of citizen of India in 2002 without adopting constitutional provisions which is a serious injury to the constitutional systems of the India and cannot be repaired if not quashed," the plea said. The ban amounts to a violation of freedom of speech and expression under Article 19(1)(a), it was contended. .The petition claimed that the documentary was an independent work based on statements of victims, police officers and other citizens."However due to fear of truth said documentary have been banned from viewership in In India by any means under rule 16 of Information Technology Rules 2021 (IT Rules). The facts recorded are also an evidence and can be used for further justice to those victims who has been denied justice," it was submitted.The plea, therefore, called for quashing the order passed on January 21 which banned the documentary. The plea also sought a probe into those responsible for the Gujarat Riots."Be pleased to call and examine BBC documentary PART-I & II all originally facts recorded by BBC and accordingly take proper action for criminal Justice u/s 146, 302, 376, 425 & 120-B and Others of IPC against the accused persons who were responsible/ involves directly /indirectly in any manner in the Gujrat Riot, to provide complete justice to the Citizen of India specifically resident of Gujrat in the interest of justice," the petition prayed..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.