New Delhi, September 7: A Gujarat-based non-governmental organisation, Justice on Trial, has withdrawn its ₹10,000-crore defamation suit against the British Broadcasting Corporation (BBC) over its controversial two-part documentary India: The Modi Question, which examined Prime Minister Narendra Modi’s political record and his role in the context of the 2002 Gujarat riots.
The withdrawal was recorded by the Delhi High Court after the proceedings came under scrutiny over questions concerning the maintainability of the case as well as repeated adjournments sought during the course of the litigation.
The matter came up before Justice Tushar Rao Gedela on September 3. Advocate Siddharth Sharma, appearing for Justice on Trial, informed the court that he had instructions from the organisation to withdraw the proceedings. He further submitted that the NGO proposed to institute fresh proceedings on the same cause of action.
Accepting the submission, the High Court allowed the withdrawal and ordered that the matter be “dismissed as withdrawn.”
NGO alleged documentary damaged reputation of Modi, judiciary and India
Justice on Trial had instituted the proceedings in 2023, alleging that the BBC documentary had adversely affected the reputation of India, the Indian judiciary and Prime Minister Narendra Modi.
The documentary, India: The Modi Question, was released in two parts in January 2023. The first episode dealt primarily with the 2002 Gujarat riots and examined allegations concerning Modi, who was Gujarat’s Chief Minister at the time.
Modi has consistently denied allegations of wrongdoing in connection with the riots.
The BBC documentary triggered a major political controversy in India, with the Union government criticising its contents and questioning its objectivity. The BBC, however, maintained that the programme was rigorously researched and included a range of perspectives.
Delhi High Court raised questions over maintainability
The withdrawal came against the backdrop of questions raised by the Delhi High Court regarding the manner in which the proceedings had been pursued.
The court had repeatedly considered issues relating to the maintainability of the case. It had also expressed concern over repeated requests for adjournments despite the matter having been pending since 2023.
In April, the High Court imposed costs of ₹20,000 on Justice on Trial after another request for adjournment was made during the proceedings. The court had previously indicated that a final opportunity had been granted to the organisation to proceed with the matter.
₹10,000-crore claim linked to court-fee proceedings
The unusually high damages claim of ₹10,000 crore also brought the issue of court fees into focus.
Along with the defamation proceedings, Justice on Trial had filed an Indigent Person Application (IPA) seeking permission to pursue the litigation without paying the prescribed court fee upfront.
An application of this nature is made under Order XXXIII of the Code of Civil Procedure, which provides a mechanism for a person unable to pay the prescribed court fee to seek permission to sue as an indigent person.
The Delhi High Court had issued notice in relation to the NGO’s indigent-person application and sought the BBC’s response. At that stage, the court had not issued notice on the substantive defamation suit itself.
Withdrawal does not decide merits of BBC documentary
The withdrawal of the case does not amount to a judicial finding that the allegations made by Justice on Trial were either proved or disproved.
Since the proceedings were terminated at the request of the plaintiff, the Delhi High Court has not adjudicated the substantive allegations contained in the defamation claim or determined whether the BBC was liable for the damages sought.
The NGO’s statement that it intends to file a fresh case also leaves open the possibility of further litigation over the same subject, subject to the new proceedings being maintainable and meeting all applicable legal requirements.
BBC documentary had sparked nationwide controversy
India: The Modi Question became the centre of intense political and legal debate in India following its release in January 2023.
The Union government criticised the documentary and questioned its credibility, while the BBC defended the programme, saying it had followed appropriate editorial standards and reflected a range of views.
The controversy also reached the Supreme Court. In February 2023, the apex court dismissed a petition seeking a ban on the BBC in connection with the documentary, observing that the plea was misconceived.
With Justice on Trial having withdrawn its Delhi High Court proceedings, the ₹10,000-crore defamation case in its present form has now come to an end. Any fresh proceedings that the NGO may initiate will have to be examined independently by the competent court in accordance with law.(KNC)
