Advocate M.L. Sharma mentioned the plea for urgent listing before a bench headed by Chief Justice of India D.Y. Chandrachud. The top court agreed to hear on February 6.
The top court will also hear next Monday, a separate petition filed by journalist N. Ram and advocate Prashant Bhushan on taking down their tweets with links of the documentary.
The plea filed by Sharma contended that the BBC Documentary on Gujarat riots recorded and was released for public view, however due to fear of truth the documentary has been banned from viewership in India by any means under rule 16 of IT Act 2021.
Sharma's plea sought a direction for quashing of the January 21 order under the IT Act being illegal, malafide and arbitrary, unconstitutional and void ab-initio and ultra vires to the Constitution of India.
The documentary titled 'India: The Modi Question' has been banned on social media and online channels, but some students have screened it on campuses of various universities across the country.
Sharma's plea contended that the BBC documentary has reflected true facts with original recording of the victims of riot 2002 as well as other concerned persons involved in the scenario of riot, and it can be used for judicial justice.
