Delhi’s Rohini Court has recently issued fresh summons to the British Broadcasting Corporation (BBC), Wikimedia Foundation, and Internet Archive in a defamation suit filed by BJP leader Binay Kumar Singh.
The suit seeks to restrain these entities from publishing the recent documentary on Prime Minister Narendra Modi or any other material related to the RSS and Vishwa Hindu Parishad.
Additional District Judge Ruchika Singla noted that the defendants are foreign entities and, therefore, the service of summons must comply with the guidelines issued by the Delhi High Court.
Earlier, summons were issued in May, but an objection was raised stating that since the defendants are foreign entities based in the USA and UK, the service could only be carried out as per the prescribed procedure.
In issuing fresh summons, the court emphasized that the mere filing of a ‘vakalatnama’ by the lawyers does not exempt the mandatory requirement of serving the summons on the defendant entities according to the prescribed procedure.
“Hence, by virtue of the same, it is clear that as per the rules formulated under the Hague Convention and by the Government of India, the summons/ notices in foreign countries can be effected only through the Department of Legal Affairs, Ministry of Law and Justice, Government of India, which has admittedly not been done in the present case,” the bench stated.
“It is directed that the summons be issued afresh to the defendants on filing of PF within 7 days to be served through the Department of Legal Affairs, Ministry of Law & Justice, Govt. Of India, as per rules,” it added.
The suit asserts that the allegations made in the documentary against the RSS and Vishwa Hindu Parishad (VHP) are driven by malicious intent with the aim to defame these organizations and their members or volunteers. Binay Kumar Singh, who identifies himself as an active volunteer of the RSS and VHP, has highlighted that the two-volume documentary series is still publicly accessible on Wikimedia and Internet Archive.
Singh has further requested an order for an unconditional apology from the defendants, directed towards him, the RSS, and the VHP, for the purportedly “libelous and defamatory content” featured in the documentary series.
