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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

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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