Ashish Ranjan
The Centre’s decision to forbid the contentious BBC documentary on Prime Minister Narendra Modi and the 2002 Gujarat riots was challenged in a PIL, which the Supreme Court decided to examine on February 6th.The petition was submitted by attorney ML Sharma, who referred to the ban on “India: The Modi Question” as fraudulent, arbitrary, and unlawful.
On Monday, a separate petition to remove tweets containing links to the BBC documentary will also be heard. It was filed by senior journalist N Ram and attorney Prashant Bhushan.The comments of senior attorney CU Singh and chief judge of India (CJI) DY Chandrachud asking for an immediate listing of their respective PILs on the matter were noted by a bench made up of justices P S Narasimha, JB Pardiwala, and CJI DY Chandrachud.
Recently, the Centre issued orders to Twitter and YouTube to stop posting links to the documentary. The documentary has been derided by the ministry of external affairs as a “propaganda work” that lacks objectivity and exhibits a colonial mentality. The documentary criticises how Narendra Modi, who was Gujarat’s chief minister at the time, handled the riots.
Lawyer Sharma, who filed the PIL in his individual capacity, mentioned the petition at the beginning of the hearings and said that persons were being detained.The CJI stated, “It will be listed on Monday.
“Senior attorney CU Singh referred to a distinct argument made by Ram and Bhushan regarding the matter. He talked about how Ram and Bhushan’s tweets were purportedly erased under emergency powers. Additionally, he said that Ajmer students were expelled for watching the BBC documentary online. The CJI declared, “We shall list.”
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The PIL also challenged the Supreme Court to review portions I and II of the BBC programme and called for sanctions against those who were accountable for and participating in the Gujarat riots of 2002.
“That cause of arose to file present petition arose to the petitioner on January 21, 2023, when respondent invoking rule 16 of Information Technology Rule 2021 prohibited citizen of India from viewing BBC documentary consisting/disclosing true facts of Gujrat riot 2002 butchering of citizen of India in 2002 without adopting constitutional provisions which is a serious injury to the constitutional systems of the India and cannot be repaired if not quashed,” the plea said.
It was argued that the ban violates Article 19(1)(aprohibition )’s on restrictions on the right to free speech and expression.The petition demanded an investigation of individuals in charge of the Gujarat riots.
