PIL in SC challenges ‘ban’ on BBC documentary on 2002 Gujarat riots
New Delhi, January 29
Terming the Centre’s decision to ‘ban’ a BBC documentary on the 2002 Gujarat riots as “mala fide, arbitrary and unconstitutional”, a Delhi-based advocate has moved the Supreme Court on the ground that it violated the right to free speech.
Petitioner ML Sharma requested the top court to call and examine the BBC documentary part I and part II – and demanded action against those directly and indirectly involved in the 2002 Gujarat riots.
The PIL submitted that the BBC documentary has “recorded facts” which are also “evidence” and can be used to further the cause of justice for the victims.
Contending that the issue raised a constitutional question, the PIL urged the court to decide if citizens have the right under Article 19 (1) (2) to watch news, facts and reports on the 2002 Gujarat riots.
The petitioner sought quashing of the January 21, 2023 order of the Ministry of the Information and Broadcasting, terming it as illegal, malafide, arbitrary and unconstitutional.
Sharma wondered if the government could curtail freedom of press which is a fundamental right as guaranteed under Article 19 (1) (2) of the Constitution.
“Whether without having an Emergency declared under Article 352 of the Constitution of India by the President, Emergency provisions can be invoked by the central government?” the PIL wondered.
The Centre had on January 21 reportedly issued directions for blocking multiple YouTube videos and Twitter posts sharing links to the controversial BBC documentary “India: The Modi Question”.
