Delhi HC Judge steps back from BBC documentary defamation case

NEW DELHI: A judge of the Delhi High Court on Friday recused himself from hearing a plea by an NGO seeking damages from the British Broadcasting Corporation (BBC), claiming its documentary “India: The Modi Question” casts a slur on the country’s reputation and makes false and defamatory imputations against Prime Minister Narendra Modi and the Indian judiciary.

Justice Anup Jairam Bhambhani said he was recusing himself but did not assign any reason for it.

The court said the petition be listed before another bench for hearing on May 22 subject to orders of the Acting Chief Justice. The high court had earlier issued notice to BBC (UK) and BBC (India) on the plea filed by Gujarat-based NGO Justice On Trial.

A plea has been filed against BBC (UK) and its local office, BBC (India), over the documentary “India: The Modi Question,” which was broadcast in January 2023.

The petitioner seeks Rs 10,000 crore in damages for the alleged loss of reputation and goodwill caused to Prime Minister Narendra Modi, the Government of India, the Government of Gujarat during

the 2002 Gujarat riots, and the people of India. The documentary pertains to the 2002 Gujarat riots when Modi was the state’s chief minister. The government banned the documentary soon after its release.

The plaintiff, an NGO registered under the Societies Registration Act, 1860, and the Bombay Public Trust Act, 1950, contends that the documentary contains false and defamatory statements that harm the reputation of India and its leaders. The NGO has also filed an Indigent Person Application (IPA) to allow it to sue without paying court fees, as it lacks sufficient means.

The plea claims the documentary has caused irreparable injury to the reputations of the Prime Minister, the Government of India, the Government of Gujarat, and the people of India. It seeks an order of damages, provisionally valued at Rs 10,000 crore, under Order 33 of the Code of Civil Procedure (CPC), which

allows indigent persons to file suits without paying the prescribed fees.