The Supreme Court has directed the Centre to produce original records related to its decision to block the 2023 BBC documentary on the 2002 Gujarat riots. The court emphasized the importance of considering freedom of speech and expression in its deliberations as it prepares for a final hearing in January 2025.
New Delhi: Today, on October 21st, the Supreme Court directed the Centre to produce the original records within three weeks relating to its decision to block the 2023 BBC documentary series on the 2002 Gujarat riots. A bench of Justices Sanjiv Khanna and Sanjay Kumar addressed the government’s decision to restrict the two-part documentary titled “India: The Modi Question.”
The court was responding to pleas filed by veteran journalist N Ram, Trinamool Congress MP Mahua Moitra, activist lawyer Prashant Bhushan, and lawyer M L Sharma. The petitioners challenged the government’s move to block the documentary under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.
“This matter requires consideration. It cannot be disposed of in 10 minutes,”
said the bench, instructing the Centre to submit the original records as per its earlier directive from February 2023. The bench also asked the Centre to file a response to the pleas and allowed petitioners to file their rejoinder affidavits within two weeks after receiving the government’s response. The matter is scheduled for a final hearing in January 2025.
During the hearing, Solicitor General Tushar Mehta acknowledged that the government had not yet filed its response and requested an additional two weeks to do so. However, senior advocate C U Singh, representing the petitioners, objected to the government’s delay. Singh argued that since the government was aware of the requirement to file a reply, the court could proceed without it.
In response, Justice Khanna emphasized the importance of reviewing the government’s response before proceeding further with the case.
The petitioners argued that the government’s action to block the documentary was based on an executive decision, invoking emergency powers under the Information Technology Rules 2021. The documentary, which critically examined Prime Minister Narendra Modi’s role during the 2002 Gujarat riots when he was the state’s Chief Minister, was blocked across social media platforms like YouTube and Twitter.
The plea, filed by N Ram and others, alleged that the ban was “malafide, arbitrary, and unconstitutional”, violating the fundamental right to freedom of speech and expression. The petitioners stressed that citizens, including the press, have the right to view, form opinions, and lawfully circulate the content of the documentary.
The petitioners also sought to quash all government orders censoring the documentary, including those affecting social media platforms. They requested the restoration of their social media posts, which had been blocked following the Centre’s directions to platforms like Twitter India and Google LLC. Specifically, Twitter had removed Prashant Bhushan’s tweet and a link shared by Mahua Moitra related to the documentary.
The executive powers under Section 69 A of the IT Act, which allows the government to block public access in cases of threats to national sovereignty, integrity, defense, and security, were deemed misapplied in this instance, according to the petitioners. They argued that the contents of the documentary were protected under Article 19(1)(a) of the Constitution, ensuring freedom of speech and expression.
The BBC documentary titled “India: The Modi Question” was released in January 2023 and aired in two parts. It explored the 2002 Gujarat riots, during which thousands of people lost their lives, and critically examined Modi’s actions as Chief Minister. The government blocked the documentary, deeming it contentious, and subsequently removed 50 tweets and YouTube videos sharing the documentary links.
The petitioners emphasized that the ban was imposed without proper public transparency. They argued that the directions to block the documentary were in violation of Bombay High Court’s interim orders and sought judicial intervention to restore the posts and ensure freedom of expression in line with constitutional protections.
In its February 2023 hearing, the Supreme Court issued a notice on the batch of petitions challenging the ban and directed the government to submit its original records. The petitioners urged the court to safeguard the fundamental rights of the press and public to receive and disseminate information without undue censorship.
The ongoing case, with a final hearing slated for January 2025, is expected to shape future jurisprudence regarding the limits of government censorship and the rights to free speech and expression in India, particularly in sensitive cases involving historical and political narratives.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
