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2021 Supreme(SC) 284

VINOD DUA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant :Vikas Singh, Varun Singh, Nitin Saluja, Deepeika Kalia, Kapish Seth, Shivani Luthra Lohiya, Mritunjay Singh, Akshay Dev, Sasha Maria Paul, Satwik Misra, Advocate
For the Respondent:Tushar Mehta, Solicitor General, S.V. Raju, ASG, Kanu Agrawal, B.V. Balaram Das, Mahesh Jethmalani, Vinay Navare, Surender Kumar Gupta, Neeraj, Piyush Beriwal, Siya Chaudhary, Ravi Sharma, Satya Ranjan Swain, Shoumendu Mukherjee, Vijay Joshi, Himanshu Pathak, Priya Mishra, Damini Garg, Vandana Deewan, Tushar Mehta, Solicitor General, Vikas Mahajan, Kanu Agrawal, Vinod Sharma, Advocates

Judgement Key Points

Key Points: - The judgment analyzes balancing freedom of speech with sedition provisions (124A IPC) and press freedom, concluding that mere critical analysis by media may fall within protections unless it tends to incite public disorder (!) (!) (!) . - It quashes FIR No. 0053 dated 6.5.2020 against Vinod Dua, holding that the FIR and proceedings under DM Act/IPC 188/501/505 are not attracted given the content and context, and clarifies no need for preliminary inquiries in this case (!) (!) (!) -explicitly discusses why sections were not made out. - The decision references Kedar Nath Singh and Jacob Mathew to set out when journalism-related statements fall within permissible limits, emphasizing that expressions of disapproval or critique of government actions are not punishable unless they carry pernicious tendency to create public disorder (!) (!) -p_203. - It criticizes extraneous, non-statutory procedures (like mandatory preliminary inquiries or committees) introduced in Rajesh Sharma and similar cases as not aligned with statutory framework; modifies or rejects such directions, reaffirming Lalita Kumari and Jacob Mathew principles (!) - (!) . - The judgment underscores that public order is broad but must be tethered to preventing imminent or likely public disorder; mere dissemination of unverified or critical content is not automatically criminal if within reasonable restrictions of Article 19(2) (!) - (!) . - It references the need for caution and safeguards for journalists, and distinguishes medical negligence guidelines in Jacob Mathew as a separate context, while affirming protection for journalists under Kedar Nath Singh principles (!) - (!) .

What is the scope of protection for media persons under Section 124A IPC and the right to free speech in the context of public-order concerns?

What are the circumstances under which FIRs against media individuals can be quashed or required to be pursued through the Code of Criminal Procedure?

What are the Court's directions regarding preliminary inquiries or safeguards before registering or pursuing criminal proceedings against journalists?


JUDGMENT :

Uday Umesh Lalit, J.

This petition under Article 32 of the Constitution of India prays for following principal reliefs:-

    "a. Quash FIR No.0053 dated 06.05.2020 registered at Police Station Kumarsain, District Shimla, Himachal Pradesh.

    b. Direct that henceforth FIRs against persons belonging to the media with at least 10 years standing be not registered unless cleared by a committee to be constituted by every State Government, the composition of which should comprise of the Chief Justice of the High Court or a Judge designated by him, the leader of the Opposition and the Home Minister of the State."

2. FIR No.0053 dated 06.05.2020 was registered pursuant to Complaint made by respondent No.3 herein to the following effect:-

    "On 30th March, 2020, Mr. Vinod Dua, in his show namely The Vinod Dua Show on YouTube, has made unfounded and bizarre allegations (details of particular moments are provided below) by stating following facts at 5 minutes and 9 seconds of the video, he has stated that Narendra Modi has used deaths and terror attacks to garner votes. At 5 minutes and 45 seconds of the video, he claims that the government does not have enough testing facilities and has made f


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