BBC documentary on PM Modi: Supreme Court issues notice to Centre on PILs

The Supreme Court on Friday directed the central government to produce original records relating to its decision to block a BBC documentary on the 2002 Gujarat riotsA bench of justices Sanjiv Khanna and Justice M M Sundresh issued notices to the government and others on the pleas filed by veteran journalist N Ram Trinamool Congress MP Mahua Moitra and activist lawyer Prashant Bhushan and lawyer M L SharmaSharma had filed a separate petition and it has now been tagged with similar pleas challenging the governments decision to block the documentaryThe matter is listed for next hearing in AprilWe are issuing notices Counter affidavit be filed within three weeks Rejoinder within two weeks after that The respondents will also produce original records before this court on the next date of hearing the bench saidAt the outset the bench asked the petitioners why they did not approach the high court in the matterSenior advocate CU Singh appearing for Ram and the others submitted that the government has invoked the emergency powers under the Information Technology IT Rules to block the documentaryHe said he was seeking a direction to the Centre to place on record all the original recordsThe Supreme Court said it is also a fact that people have been accessing the documentaryIt had earlier agreed to hear the plea taking note of the submissions of lawyers Sharma and Singh seeking urgent listing of the petitions against the governments ban on the twoepisode BBC series using its emergency powersAlso Read BBC documentary on PM Modi BRS students group members detainedOne of the petitioners has also alleged that the ban on the documentary India The Modi question was malafide arbitrary and unconstitutionalReacting strongly after Ram filed his plea Law Minister Kiren Rijiju had tweeted This is how they waste the precious time of Honble Supreme Court where thousands of common citizens are waiting and seeking dates for justiceRam and others in their pleas have sought a direction to restrain the government from curbing their right to receive and disseminate information on the documentaryAll citizens including the press have the fundamental right to view form an informed opinion critique report on and lawfully circulate the contents of the documentary as the right to freedom of speech and expression incorporates the right to receive and disseminate information the plea said and referred to several apex court orders on freedom of speech and expressionThe plea has also sought quashing of all orders directly or indirectly censoring the information including those shared on social mediaIssue a writ of Mandamus or any other appropriate writ order or direction to the respondents restraining them from giving effect to orders curtailing freedom of speech and expression without first putting them in the public domain on a centralised database the plea saidThe plea which has made Twitter Communications India Private Ltd and Google India parties has also sought a direction for the restoration of the tweets of the petitionersThe power of the executive under Section 69 A to lay down directions for blocking public access is limited to sovereignty and integrity of India defence of India security of the State friendly relations with foreign states or public order or for preventing incitement to the commission of any cognisable offence relating to above it saidThe contents of the BBC documentary are protected under Article 191a freedom of speech and expression of the Constitution it said adding that the contents of the series do not fall under any of the restrictions specified in Article 192On January 17 2023 BBC released the first in a twopart documentary series titled India The Modi Question which critically appraises the role of Prime Minister Narendra Modi who was the then chief minister of Gujarat in 2002 when riots broke out in which thousands of people lost their lives the plea saidIt challenged the decision of the secretary information and broadcasting ministry to ban itThe impugned directions were issued under Rule 16 of the Information Technology Intermediary Guidelines and Digital Media Ethics Code Rules 2021 to Twitter India to block 50 tweets with links to YouTube videos of the BBC documentaryConsequently Bhushans tweet and the link to the URL shared by Moitra were removedThe secretary information and broadcasting ministry issued the impugned directions in his capacity as authorized officer under Rule 132 of the IT Rules 2021The directions are prima facie illegal as they are in direct contravention of the interim order passed by the Bombay High Court the plea saidThe first episode of the documentary was aired on January 17 it said adding that the second one was aired on January 24Sharmas PIL also urged the apex court to call and examine the BBC documentary both parts one and two and sought action against persons who were responsible and involved directly and indirectly with the 2002 Gujarat riotsHe has raised a constitutional question in his PIL and the top court has to decide whether citizens have the right under Article 19 1 2 to see news facts and reports on the 2002 Gujarat riots Sharma has sought a direction to quash the government orderThe plea claimed that the BBC documentary has recorded facts which are also evidence and can be used to further the cause of justice for the victimsOn January 21 the government had issued directions for blocking multiple YouTube videos and Twitter posts sharing links to the controversial documentaryThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever