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FACTS

  • On the basis of a complaint by BJP leader Ajay Shyam, Vinod Dua was charged under sections 124A (sedition), 268 (public nuisance), 501 (publishing matter known to be defamatory), and 505 (statements conducive to public mischief).
  • On March 30, the BJP leader alleged that Dua made bizarre claims on his 15-minute YouTube show. According to him, the journalist accused Prime Minister Narendra Modi of gaining votes through "deaths and terror attacks."

ARGUMENTS AGAINST SEDITION CHARGES

  • Dua's lawyer, advocate Vikas Singh, contested the charges and defended him by using the right to freedom of speech and expression. He stated that it was Dua's right as a journalist to criticize the government.
  • Singh stated that the government permits public participation, which is a fundamental component of a democratic country. If people do not go out and speak their opinions, no one will prosper
  • In addition to the quashing of the FIR, Dua requested exemplary damages for harassment in the plea.
  • He also asked the Supreme Court to order that no FIRs be filed against journalists with at least ten years of experience unless they are cleared by a special panel consisting of the state high court's Chief Justice or a judge designated by him, the leader of the opposition, and the state home minister.

COURT’S OBSERVATION

  • The Supreme Court ruled that every person has the right to criticize government policy as long as they do not promote violence or cause public disruption.
  • As it turned down Dua's plea for the establishment of a committee in every state to approve FIRs against persons in the media with at least 10 years of experience in the profession, the bench referred to its 1962 judgment, which laid out the fundamental requirements before registering a sedition case.
  • The court ruled that prosecuting Dua for the alleged offences would be a violation of his right to freedom of speech and expression. And it further stated that under the judgment, every journalist will be protected.
  • The Supreme Court thereby quashed the sedition case registered against renowned journalist Vinod Dua

Do you think that sedition charges against Vinod Dua was justified? Share your views in the comment section below!

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