Naveen Kumar, the spokesperson of the Bharatiya Janata Party (BJP), had filed a complaint against Mr. Dua, taking objection over some of the comments he made during his show.
New Delhi| Delhi High Court has stayed an FIR against senior journalist & Consultant Editor of HW News Network Mr. Vinod Dua until the next hearing. Naveen Kumar, the spokesperson of the Bharatiya Janata Party (BJP), had filed a complaint against Mr. Dua, taking objection over some of the comments he made during his show.
“The language and tenor of the programme by Mr Dua, might have been strong or unpleasant to some but not inflammatory or promoting ill will, hatred. The section emphasises on men’s rea which is a quintessential element to be prima facie, evaluated before such FIR is lodged under section 505 I.P.C. It was a genuine criticism of the government and from the video, it can be easily judged that there was no intension to promote the feeling of enmity, hatred or ill will “between different” religious,” Mr Dua’s counsel presented their argument.
Stressing over the fact that these FIRs can have chilling effects on the ‘freedom of speech and expression’, Mr Dua’s counsel argued, “Instead, the real issue of concern is the disproportionate response to the appellant’s remarks. If the complainants vehemently disagreed with the appellant’s views, then they should have contested her views through the news media or any other public platform. The law should not be used in a manner that has chilling effects on the ‘freedom of speech and expression’.”
“Although, as submitted at the bar, the petitioner has already been granted interim protection in anticipatory bail proceedings by the learned Additional Sessions Judge, this court is of the prima-facie view that further investigation or proceedings pursuant to the FIR are likely to cause unwarranted and unjustified harassment to the petitioner,” the bench said before concluding the hearing.
Ordering the police to stay the FIR until next hearing, the court said, “Keeping in view the law as laid down by the Supreme Court and the guidance and direction given in the above-cited precedents, without forming an opinion on the merits of this matter, this court is persuaded to think that the filing of the complaint and registration of the FIR deserves to be considered and deliberated further, before allowing the investigation to proceed against the petitioner. Accordingly, further investigation in the matter arising from the subject FIR is stayed, till the next date of hearing.”
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