A court in Delhi on Friday issued fresh notices to BBC, Wikimedia Foundation and US-based digital library Internet Archive through the Union ministry of law and justice after noting that they were foreign entities and thus subject to rules formulated under the Hague Convention.
Additional district judge Ruchika Singla was hearing a criminal complaint filed by Bharatiya Janata Party leader Vinay Kumar Singh seeking to restrain them from publishing or broadcasting a documentary on the 2002 Gujarat riots or any other material defamatory to the Rashtriya Swayamsevak Sangh and the Vishva Hindu Parishad.
"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 judge said.
"Hence, it is directed that the summons be issued afresh to the defendants (BBC, Wikimedia Foundation and Internet Archive) on the filing of process fee within seven days to be served through the department of legal affairs, ministry of law and justice as per rules," ADJ Singla added.
Earlier, after being summoned by the court, BBC and Wikimedia Foundation raised objections, saying that the service of summons was not proper as both were foreign entities based in the UK and the US respectively.
They said according to the Hague Convention, the service upon a foreign entity had to be served through the prescribed rules.
Noting that the BBC was a public service broadcaster headquartered in London, the court said the plaintiff (Singh) cannot take the plea that it is an Indian entity.
The court also noted a circular from the Delhi high court, dated September 13, 2011, where it referred to an office memorandum issued by the Union ministry of law and justice, department of legal affairs (judicial section), dated August 18, 2011, which directed that the service of summons or notices in foreign countries shall be under the provisions of the Hague Convention.
According to the provisions, such summons or notices could only be served through the ministry's department of legal affairs, the court noted.
"As the defendants are foreign entities, the service must be effected as per the guidelines issued by the Delhi high court…,” the court said.
The court also rejected the argument that as the defendants have already engaged their counsels, who had appeared in the court, the service was deemed to be effected, and that the plea of improper service cannot be taken at the present stage.
It said the mere filing of the 'vakalatnama' by the counsel cannot do away with the mandatory requirement of the service of the summons upon the defendant under the prescribed procedure.
According to complainant Vinay Kumar Singh, the two-part BBC documentary India: The Modi Question had defamed organisations like the BJP, the RSS and the VHP.
