SC Quashes HP Police’s Sedition Case Against Senior Journalist Vinod Dua

THE Supreme Court Thursday quashed the sedition case filed against senior journalist Vinod Dua by the Himachal Pradesh police in connection with his Youtube show in 2020 criticising the Central government’s implementation of the Covid-19 lockdown.

A bench of Justices UU Lalit and Vineet Saran handed down the verdict to this effect but rejected Dua’s second prayer that a committee be formed whose permission would be needed to file a case against media personnel with 10 years of experience. The bench said granting this prayer would amount to encroaching on the legislative domain.

The court, however, clarified that every journalist was entitled to the protection of law laid down by the five-judge bench in the Kedarnath case.

Also Read: The Law of Sedition and Bal Gangadhar Tilak

It also rejected the preliminary objections of the state government that the petition should not have been entertained and instead the petitioner should have been asked to approach the appropriate court.

In the Kedar Nath Singh v. State of Bihar(1962), the top court had upheld the validity of the sedition law although it had narrowed down its scope and held “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” was not sedition.

In 2016, the Supreme court reminded the authorities to be guided by the principles laid down in the Kedarnath case while dealing with sedition cases. Despite that, governments have been using the law to curb dissent.

Dua was charged with grave offences under the IPC including sedition (section 124A), public nuisance (section 268), printing defamatory matter (section 501) and intent to cause public mischief (section 505). It was alleged that his show had caused the migrant labour exodus amid the COVID-19 lockdown.

Senior advocate Vikas Singh appeared for Dua while Solicitor General Tushar Mehta appeared for the state government.

The Delhi police had also registered an FIR against Dua on June 4 for his March 30 video. That FIR was, however, stayed by the Delhi high court.

Also Read: Time for courts to define limits of sedition law, says SC; stays coercive action by AP police against 2 TV channels

The article was originally published in The Leaflet.