India's top court to hear pleas against ban on BBC documentary on Narendra Modi

New Delhi has denounced the report as a 'propaganda piece' that exhibits 'colonial intoxication'

People watch a BBC documentary on Indian Prime Minister Narendra Modi in Kochi last week. AFP

India’s top court has agreed to hear pleas challenging a government ban on a BBC documentary critical of Prime Minister Narendra Modi.

The ban has renewed debate about freedom of expression in the world’s largest democracy.

The Supreme Court received at least two petitions on Monday, filed by activists, politicians and lawyers contesting the federal government’s ban on the two-part documentary titled India: The Modi Question.

Chief Justice Dhananjaya Chandrachud and Justices PS Narasimha and JB Pardiwala agreed to schedule the case for February 6.

The documentary examines Mr Modi’s political journey over the past two decades and the rise of Hindu nationalism, particularly his role as chief minister of Gujarat when deadly sectarian riots rocked the western state in 2002. About 1,000 people were killed, most of them Muslims.

The second part of the documentary, released last week, focuses on government policies since Mr Modi became Prime Minister in 2014, after a landslide election win by his Hindu nationalist Bharatiya Janata Party.

These include bans on the slaughter of cows and eating of beef in several states ruled by the BJP, the prohibition of interfaith marriages and a controversial citizenship law that critics believe is aimed at Muslims.

The government denounced the documentary as a “propaganda piece” exhibiting “colonial intoxication”.

It invoked emergency powers last week to block distribution of the documentary on the internet and ordered YouTube and Twitter to take down links to the programme.

The British broadcaster did not air the documentary in India and refuted New Delhi's claims, saying the programme was thoroughly researched and objective.

Government critics — including top opposition politicians, activists and students — have defied the ban by sharing links to the documentary online or organising public screenings.

Dozens of students were detained at universities across the country where screenings were organised.

Authorities at Jawaharlal Nehru University in New Delhi cut off power and the internet to prevent a screening last week, before clashes erupted among rival student groups.

Opposition MP Mohua Moitra, journalist N Ram and lawyer Prashant Bhushan have petitioned the Supreme Court over the removal of their tweets with links to the documentary.

A separate plea by the lawyers ML Sharma and CU Singh said the ban was “arbitrary” and in breach of the freedom of speech and expression clauses in India's constitution.

The petitioners said the documentary was an independent work based on statements of victims, police officers and other citizens.

Updated: January 30, 2023, 11:30 AM