[PM Modi Documentary] | Rs 10,000 Crore Case Against BBC | Delhi HC Justice Anup J Bhambhani Steps Down

Delhi High Court’s Justice Anup Jairam Bhambhani, Yesterday (May 17th) stepped down from presiding over a Rs 10,000 crore defamation lawsuit against the British Broadcasting Corporation (BBC) regarding its two-part documentary on Prime Minister Narendra Modi.

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NEW DELHI: Justice Anup Jairam Bhambhani of the Delhi High Court recused himself from hearing a Rs 10,000 crore defamation case against the British Broadcasting Corporation (BBC) concerning its two-part documentary on Prime Minister Narendra Modi.

The case was scheduled for hearing before Justice Bhambhani on Friday, May 17. A Gujarat-based non-profit organization named Justice on Trial filed the case in the High Court, arguing that the BBC’s documentary titled “India: The Modi Question” tarnished the reputation of India, its judiciary, and the Prime Minister.

Justice on Trial has sought the court’s permission to file the defamation suit as an indigent person, claiming damages of Rs 10,000 crore from the BBC. Order XXXIII of the Code of Civil Procedure governs the filing of suits by indigent persons, allowing a person to institute a suit if they do not have sufficient means to pay the prescribed court fees.

The High Court had issued notices regarding the Indigent Person Application (IPA) on May 22, 2023. When the case was called, Justice Bhambhani announced his recusal and stated,

“The matter will be listed before another judge, subject to the orders of the judge in-charge of the Original Side of Delhi High Court.”

Justice on Trial contends that the BBC’s documentary casts a slur on India’s image and questions the integrity of its judiciary and leadership. The organization has argued that the documentary’s portrayal is defamatory and seeks substantial damages to address the alleged harm caused.

The NGO’s application to file the suit as an indigent person highlights their lack of financial resources to bear the legal costs associated with such a substantial defamation claim. Under Order XXXIII, the court must determine whether the applicant truly lacks the means to pay the court fees, which would then allow them to proceed without this financial burden.

As the case progresses, it will be reassigned to another judge for further hearings. The recusal by Justice Bhambhani underscores the sensitivity and high-profile nature of the defamation case involving an international media organization and a nation’s Prime Minister.

CASE TITLE:
Justice on Trial v. British Broadcasting Corporation & Anr.

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