PM Modi documentary: BBC says Delhi court does not have jurisdiction to deal with defamation case

The British Broadcasting Company (BBC) argued on Thursday that a Delhi court does not have the jurisdiction to deal with the defamation case filed against it by a Bharatiya Janata Party (BJP) leader for its two-part documentary on Prime Minister Narendra Modi..Counsel appearing for the BBC and Wikipedia also stated that they are foreign entities who have not been served properly and are appearing under protest.Even as counsel for the complainant Binay Kumar Singh said that he is ready to hand over the physical copy of the suit to the BBC in court, the lawyer representing the broadcaster 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 listed it for arguments on May 26..Meanwhile, counsel appearing for US-based digital library Internet Archive said that it has removed the documentary from its platform..As reported by Bar & Bench earlier, BJP leader Binay Kumar Singh filed a suit in the Rohini Court stating that the BBC documentary titled India: The Modi Question has defamed organisations like the Rashtriya Swayamsevak Sangh (RSS), the Vishva Hindu Parishad (VHP) and the BJP. Singh said that the documentary has generated an atmosphere of terror and fear and possesses the potential to trigger violence and jeopardize public order across the nation. The Court was told that though the documentary has been banned by the Indian government, a Wikipedia page dedicated to the series provides links to watch it and that the content is still available on Internet Archive. Singh, therefore, prayed for an injunction against BBC, Wikimedia and Internet Archive to restrain them from publishing the documentary or any other material against the RSS and VHP . .Advocate Mukesh Sharma appeared for the plaintiff.BBC was represented through Advocates Sonam Gupta and Anurag Tandon.Advocate Manmeet Singh appeared for Wikimedia, while Advocate Radhika Roy represented the Internet Archive. .[Read Order]