On May 11, the British Broadcasting Corporation (BBC) argued that a Delhi Court does not have jurisdiction to deal with the defamation case filed by Bharatiya Janata Party (BJP) leader Binay Kumar Singh, stating that the BBC documentary has defamed Rashtriya Swayamsevak Sangh (RSS), Vishwa Hindu Parishad (VHP) and the BJP.
Furthermore, the BBC and Wikipedia’s counsel argued that they are appearing under protest and they have not been served properly as they are foreign entities. It is pertinent to note that the court issued a summons to BBC, Wikimedia Foundation and the Internet Archive, and gave them 30 days to file written replies in the suit on May 3.
The court noted, “Ld. Counsel for the defendant no. 1 and 2 submit that they are appearing under protest as they have not been served properly as the defendant no. 1 and 2 are foreign entities. Further, Ld. Counsel for the defendant no. 1 and 2 submit that this court does not have the jurisdiction to try the present matter.”
Furthermore, the US-based digital library Internet Archive’s counsel informed the court that the BBC documentary has been removed from its platform. The court noted, “Ld. Counsel for the defendant no. 3 submits that the content has already been removed by the defendant no. 3 and in case the plaintiff has any other objection regarding the same, the defendant no. 3 shall do the needful.”
The court noted, “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.”
Background
The suit states that the allegations made in the documentary against the RSS and the VHP are motivated by malicious intent to defame the organizations and their members. Furthermore, it was alleged that the documentary has created an atmosphere of terror and fear and has the potential to trigger violence and jeopardize public order across the nation.
“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 suit said.
