Case against BBC Modi documentary in Delhi HC

Subject : Polity

Section: Constitution

Concept :

The Delhi High Court Monday sought the BBC’s stand on a suit moved by a public trust called Justice on Trial, which claimed that a documentary by the news organisation on Narendra Modi “casts a slur on the reputation of the country” and “makes false and defamatory imputations and insinuations against the Prime Minister of India”.
Justice For All is a society registered under the Societies Registration Act.
Additionally, it is registered as a public trust under the Bombay Public Trusts Act, 1950. In this case, the plaintiff had filed a “suit for damages”, under Order 33 of the Code of Civil Procedure (CPC) “seeking permission to file as an indigent person”.

Indigent Person

Order 33 of CPC provides the procedure for institution of a suit by an indigent person. The intent of the legislature to provide such rules was to enable the indigent (pauper) to file a suit without paying nay court fees.
Indigent person: is one who is not possessed with sufficient means to pay the court fee in the suit or if no court fee is prescribed for any suit, he is not entitled to property worth Rs. 1000.
Order 33 Rule 2 provides that indigent person can file a suit by making an application seeking permission of the court to apply as an indigent person. His application must include the following:

a) all the particulars what are mentioned in the Plaint

b) and all the movable or immovable properties of the indigent person with its estimate value

c) signature and verification as provided under Rule 14, 15 of Order 6.

The application must be presented in person unless the court has exempted it.
Rejection of application- Order 33 Rule 5
It provides that the court will prima facie reject an application seeking permission of the court to apply as an indigent person in the following circumstances:

a) If the application was not presented in the manner prescribed under Rule 2 and 3 of Order 33.

b) If applicant is found not to be an indigent person.

c) If the applicant fraudulently disposed of his property within two months before presentation of the application.

d) If there is no cause of action.

e) If applicant has entered into an agreement with any third party and in respect to subject matter of the suit wherein other party obtains interest.

f) If the suit is barred by law.