Vinod Dua sedition case quashed, SC upholds protection for journalists under Kedar Nath verdict

The Supreme Court Thursday quashed the sedition case registered against senior journalist Vinod Dua in Himachal Pradesh.

The verdict was pronounced by a bench led by Justice U.U. Lalit on Dua’s petition seeking quashing of the case registered against him in connection with a video uploaded to YouTube last year. In the video, Dua is criticising the Narendra Modi government’s handling of the Covid-19 lockdown.

The bench said that every journalist is entitled to protection under the Kedar Nath Singh judgment that ruled “dissent is not sedition”.

Delivered in 1962, the Kedar Nath judgment upheld the constitutional validity of sedition law in India. However, it held that free speech, discussions on matters of government functioning and their criticism, and freedom of press are “essential for the proper functioning of the processes of popular government”.

Thursday’s verdict comes days after another apex court bench decided to examine the interpretation of sedition law, particularly in the light of media rights and free speech.

On July 20 last year, the Supreme Court had extended till further orders the protection granted to Vinod Dua from any coercive action in the case.

The court had earlier said that Vinod Dua need not answer any other supplementary questions asked by the Himachal Pradesh police in connection with the sedition case.

An FIR against Vinod Dua under provisions of the Indian Penal Code for alleged offences of sedition, public nuisance, printing defamatory materials and public mischief was lodged by BJP leader Shyam at Kumarsain police station in Shimla district on May 6 last year and the journalist was asked to join the probe.

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