Sedition case: SC restrains Himachal police from arresting journalist Vinod Dua

New Delhi: In a relief to journalist Vinod Dua, the Supreme Court in a special hearing on Sunday restrained the Himachal Pradesh police from arresting him till July 6 in a sedition case lodged against him by a local BJP leader over his YouTube show.

The top court said that Dua will have to join the investigation and there shall be no stay on the ongoing probe undertaken by the Himachal Pradesh police.

A bench of justices U U Lalit, M M Shantanagoudar and Vineet Saran issued notices to the Centre and the state government and sought their responses within two weeks.

Senior advocate Vikas Singh, appearing for Dua, demanded quashing of the FIR, saying the fundamental right of freedom of speech and expression of the journalist has been taken away by filing of the sedition case.

Singh said that if such charges are slapped against individuals then many of them may fall within the ambit of sedition charges.

He said that petitioner is willing to show the video clip of the show to the court.

Granting interim relief, the bench said that it was not going into the details of the matter and will also not stay the probe.

Solicitor General Tushar Mehta, appearing for the Centre and the state government, accepted the notice and said he would file the reply in two weeks.

Besides seeking quashing of the May 6 FIR lodged against him in Himachal Pradesh, the plea of Dua has said that "exemplary damages" be awarded to him for the "harassment".

He has also sought direction from the apex court 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."

In his plea, Dua has said that freedom of the press is a fundamental right guaranteed under Article 19(1)(a) of the Constitution.

The plea said the top court has been "emphasizing for distancing the police from the ruling party in the state" but "none of the major political parties which are in power in various states are ready to give up their control over the police.

"There is a recent trend against the media where state governments which do not find a particular telecast to be in sync with their political ideologies register FIRs against persons of the media primarily to harass them and to intimidate them so that they succumb to the line of the state or else face the music at the hands of the police," the plea claimed.

Lodging of FIR and coercive steps against Dua amounted to "direct and brazen violation" of his fundamental rights, the plea submitted, and sought the top court's direction regarding framing of guidelines while registering criminal cases against persons belonging to the media.

The plea claimed there is a concerted approach of authorities "to silence the media which is not palatable to them".

It alleged that FIR registered against Dua is "politically motivated" and is "purely to settle scores for critically evaluating the functioning of the Central Government at the present time of COVID".

"The restriction imposed against free speech given under Article 19 (2) of the Constitution of India refers to issues which are threat to public order, decency, morality, and the security of the state. In the case of the petitioner (Dua) facts which are publicly verifiable and are true have been treated as a ground for sedition and other serious offences which are far from the truth," it said.

The plea said that Dua is a senior citizen with co-morbidities, including hypertension and diabetes, and if the police takes action in the FIR filed against him it would be severely endangering his life during COVID-19.

The Delhi High Court had earlier stayed an investigation into another case against Dua in connection with his show on YouTube.

The police in Shimla had summoned him for questioning over a sedition complaint by a local BJP leader.

Like the complaint lodged in the national capital, the FIR registered against the senior journalist in Shimla is also over his YouTube show on communal riots in Delhi earlier this year.

According to the complaint, he had accused Prime Minister Narendra Modi of using "deaths and terror attacks" to get votes.

Dua has been charged under sections 124A (sedition), 268 (public nuisance), 501 (printing matter known to be defamatory) and 505 (statements conducive to public mischief) on the basis of a complaint last month by BJP's Mahasu unit president Ajay Shyam.

On Thursday, Dua was sent a notice asking him to appear before the police in Shimla. Himachal Pradesh police personnel had arrived at his Delhi home on Friday morning to serve the notice.

In his reply to the notice, Dua said he cannot visit Kumarsain police station because of his health, age and the COVID-19 protocol for travel and quarantine.

BJP leader Ajay Shyam had complained that Dua made bizarre allegations on his 15-minute YouTube show on March 30.

The BJP leader alleged that Dua had instigated violence against the government and the prime minister by spreading false and malicious news.

On Wednesday, the Delhi High Court had stayed till June 23 an investigation into a similar case filed by BJP spokesperson Naveen Kumar.

The court had said there was an unexplained delay of nearly three months in filing the complaint.