“Every journalist is entitled to the protection under the Kedar Nath Singh judgment(which defined the ambit of offense of sedition under Section 124A)” the Court observed
The Supreme Court on Thursday quashed the sedition FIR against Senior Journalist and Consulting Editor of HW News Network, Mr Vinod Dua. It also reiterated that the registration of a case under sedition should strictly follow the parameters of Kedar Singh’s judgment and be in strict conformity with the scope and ambit of Section 124A.
A bench of Justices U U Lalit and Vineet Saran had reserved the judgment on October 6, 2020, after hearing arguments for Mr Dua, Himachal Pradesh government.
“Every journalist is entitled to the protection under the Kedar Nath Singh judgment(which defined the ambit of offense of sedition under Section 124A)”
-SUPREME COURT
In Kedar Nath’s judgment of 1962, the SC has said that comments, however strongly worded, expressing disapprobation of actions of the Government, without exciting those feelings which generate the inclination to cause public disorder by acts of violence is not sedition.
The complaint against Vinod Dua was registered by a local BJP leader in Himachal Pradesh over his YouTube show, The Vinod Dua Show, with critical remarks against Prime Minister Modi and Union Government.
Mr Dua’s plea in the Court said that the FIR registered against him is “politically motivated” and is “purely to settle scores for critically evaluating the functioning of the central government at the present time of COVID”.
“The restriction imposed against free speech refers to issues which are a threat to public order, decency, morality, and the security of the state. In the case of the petitioner (Dua) facts that are publicly verifiable and are true have been treated as a ground for sedition and other serious offenses” the plea said.
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The Court however refused the second prayer made by Vinod Dua seeking the formation of a committee to verify allegations against journalists before lodging FIR and that no FIR should be registered against a journalist with experience over 10 years unless cleared by the committee. The Court said that this would be an encroachment into the legislative domain, reported LiveLaw
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