‘This Matter Requires Consideration…’, SC Seeks Original Records on Blocking 2023 BBC Documentary on Gujarat Riots

The Supreme Court said that the matter relating to the BBC documentary case on Gujarat riots cannot be disposed of in 10 minutes.

New Delhi:The Supreme Court on Monday asked the central government to bring on record within three weeks the original records in connection with its decision to block a 2023 two-part BBC documentary series on the 2002 Gujarat riots.

The matter came up before a bench comprising justices Sanjiv Khanna and Sanjay Kumar. “This matter requires consideration. It cannot be disposed of in 10 minutes...," said the bench. The apex court asked the Centre to comply with its earlier direction, issued in 2023, for producing the original records of the decision.

Solicitor General Tushar Mehta, representing the Centre, informed the bench that the government hadn't filed a response and sought two weeks' time. Senior advocate C U Singh, appearing for the petitioners’, objected to Mehta's contention. Singh said the government was aware that it had to file a reply but hadn't done it still, and stressed that it was an executive decision. It was submitted before the bench that it could proceed even without the Centre filing its reply. However, Justice Khanna said the court needs to see the Centre's response in the matter.

The bench directed the Centre to file its response on the pleas filed by veteran journalist N Ram, Trinamool Congress MP Mahua Moitra, activist lawyer Prashant Bhushan and lawyer M L Sharma challenging the government's decision.

The bench allowed the rejoinder affidavit to be filed by petitioners in two weeks thereafter. The apex court has scheduled the matter for final hearing in January, 2025.

The apex court in February 2023, had directed Centre to produce the original records relating to its decision and issued a notice on the batch of pleas. One of the petitioners alleged the ban on the documentary titled "India: The Modi question" was "malafide, arbitrary and unconstitutional".

The petitioners’ counsel had then argued that the government had invoked emergency powers under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 to block the documentary.