Documentary row: Court issues fresh summons to BBC, Wikimedia, Internet Archive through Ministry of Law and Justice

economictimes.indiatimes.com:

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 (ADJ) Ruchika Singla was hearing a criminal complaint filed by BJP 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 (RSS) and the Vishva Hindu Parishad (VHP).

«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