VINOD DUA versus UNION OF INDIA & ORS.

VINOD DUA versus UNION OF INDIA & ORS.

Applying Kedar Nath Singh, the Court found the statements in the talk show were critical appraisal and expressions of disapprobation aimed at addressing COVID-19 related problems and did not show intent or tendency to incite violence or public disorder; therefore offences alleged under ss.124A and 505(1)(b) IPC, as well as s.501 and s.268 IPC and the prosecuted provisions of the Disaster Management Act and s.188 IPC, were not made out and the FIR was quashed; however the Court refused the prayer to constitutionally mandate a pre-clearance committee for senior journalists as such a direction would encroach upon the legislature.

Parties
Petitioner: Vinod Dua; Respondent: Union of India & Ors.; Respondent: State of Himachal Pradesh; Complainant/respondent No.3: Ajay Shyam
Jurisdiction
India
Judgment Date
03 June 2021
Procedural Posture
Writ Petition (crl.) Under Article 32 / Final Judgment
Outcome
Writ petition partly allowed: FIR No.0053 dated 06.05.2020 quashed; prayer for constitution of a pre-clearance Committee for journalists rejected
Legal Topics
Quashing of FIR, Sedition (section 124 a Ipc), Freedom of Speech and Expression (article 19(1)(a)), Press Protections and Pre Investigation Safeguards, Preliminary Inquiry Before FIR, Separation of Powers
Constitutional Law Criminal Law Media Law Disaster Management Law Quashing of FIR Sedition (section 124 a Ipc) Freedom of Speech and Expression (article 19(1)(a)) Press Protections and Pre Investigation Safeguards +2 more

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Parties

Vinod Dua

Petitioner

Union of India & Ors.

Respondent

State of Himachal Pradesh

Respondent

Ajay Shyam

Complainant/respondent No.3

Procedural Posture

Writ Petition (crl.) Under Article 32 / Final Judgment

Legal Issues

  1. 1 Whether the FIR alleging offences under ss.124A, 505, 501, 268 IPC and alleged violations of Disaster Management Act and s.188 IPC arising from a talk show on COVID-19 should be quashed
  2. 2 Whether the petitioner’s statements constituted sedition or incitement to public disorder
  3. 3 Whether this Court should issue directions to require pre-clearance/committee oversight before FIRs are registered against senior journalists (encroachment on legislative field)

Ratio Decidendi

Applying Kedar Nath Singh, the Court found the statements in the talk show were critical appraisal and expressions of disapprobation aimed at addressing COVID-19 related problems and did not show intent or tendency to incite violence or public disorder; therefore offences alleged under ss.124A and 505(1)(b) IPC, as well as s.501 and s.268 IPC and the prosecuted provisions of the Disaster Management Act and s.188 IPC, were not made out and the FIR was quashed; however the Court refused the prayer to constitutionally mandate a pre-clearance committee for senior journalists as such a direction would encroach upon the legislature.

Court Disposition

Writ petition partly allowed: FIR No.0053 dated 06.05.2020 quashed; prayer for constitution of a pre-clearance Committee for journalists rejected

Orders

  • FIR No.0053 dated 06.05.2020 registered at Police Station Kumarsain, District Shimla, Himachal Pradesh is quashed and any proceedings arising therefrom are quashed
  • Petition dismissed insofar as it sought a direction that FIRs against media persons with at least 10 years’ standing be not registered unless cleared by a Committee to be constituted by State Governments; that prayer is rejected as beyond judicial remit and encroaching on legislative field