As Centre fails to file a counter, Justice Khanna gives it three weeks to file one; petitions say the right to lawfully circulate the documentary is part of right to freedom of speech and expression
The Supreme Court on Monday posted petitions challenging the Union government’s decision to block the screening of a British Broadcasting Corporation (BBC) documentary series titled India: The Modi Question to the second week of January 2025.
A Bench headed by Justice Sanjiv Khanna had issued formal notice to the Union of India through the Information and Broadcasting Ministry, Twitter Communications India Private Ltd., and Google India Private Ltd. on February 3, 2023. The court had listed the case in April then.
However, on Monday, Solicitor-General Tushar Mehta, appearing for the government, said he had
“just realised” that the Centre was yet to file its counter to the petitions filed by senior journalist N. Ram, Mahua Moitra, MP, and advocate Prashant Bhushan.
The petitions had highlighted the citizens’ “fundamental right to view, form an informed opinion, critique, report on and lawfully circulate the contents of the documentary as right to freedom of speech and expression incorporates the right to receive and disseminate information”.
Government’s lapse
Appearing for the petitioners, senior advocate C.U. Singh strongly objected to the government’s lapse in filing its counter even as Mr. Mehta sought more time to file its response.
Mr. Singh said the court need not wait for the government reply as the case concerned a “take-down” order against the documentary.
Justice Khanna said the court wanted the benefit of the government’s response and gave the Centre three weeks to file its counter and two weeks for the petitioners to file their rejoinder, if any. “The timelines must be adhered [by the parties],” Justice Khanna said. The documentary is believed to be critical of the role of then Gujarat Chief Minister Narendra Modi in the 2002 riots.
In the hearing in February 2023, Mr. Singh cited instances “where officials more loyal than the king” blocked screening on university campuses and even rusticated students for watching the film.
The students of Rajasthan Central University in Ajmer were suspended for watching the film. The Jawaharlal Nehru University administration had issued an advisory to cancel a screening to maintain “peace and harmony” on the campus.
The petitioners referred to reports about detention of students and presence of riot police on the Jamia Milia Islamia campus in Delhi.
The petition filed by Mr. Ram and others argue that the Ministry, under Rule 16 (3) of the Information Technology Rules, 2021 and Section 69(A) of the Information Technology Act, 2000, had sent a legal request to Twitter India to block 50 tweets concerning and even containing links to the documentary.
The tweets of Mr. Bhushan and Ms. Moitra were among those taken down. YouTube links of the video were blocked, the petition had said.
“The contents of the BBC documentary and tweets of Moitra and Bhushan are protected under Article 19(1)(a) of the Constitution. The content of the documentary series do not fall under any restriction on free speech or restrictions imposed under Section 69A of the IT Act,” the petition said.