SC extends protection from arrest for Vinod Dua till July 15

Satya Prakash
Tribune News Service
New Delhi, July 7

The Supreme Court on Tuesday extended protection from arrest till July 15 for senior journalist Vinod Dua who is facing a sedition case in Himachal Pradesh.

A Bench led by Justice UU Lalit directed the Himachal Pradesh Police to file a report on the probe into the case against Dua probe in a sealed cover and posted the matter for further hearing on July 15.

“Whatever we have, we will file it”, Solicitor General Tushar Mehta told the Bench.

The Bench made it clear that it intends to dispose of the case by the next hearing. The top court has made it clear that Dua does not need to answer the supplementary questionnaire.

Questions like why did Dua—with 45 years of experience in journalism—relied on another newspaper article for his reportage was not relevant, it said, adding such questions didn’t form any empirical evidence in a sedition case.

“Won’t it amount to stay?” Mehta wondered.

On behalf of Dua, senior advocate Vikas Singh asserted that Journalists were free to criticise the government.

“I have freedom of speech and I have a right to criticise the government. Police refused to give us details on the nature of complaint even though the Supreme Court asked for a status report. When they could not do anything, they invoked the Disaster Management Act,” Singh submitted.

Singh said sedition was not made out as he didn’t incite violence and created public disorder.

The Supreme Court had on June 14 refused to stay the probe into a sedition case against Dua by Himachal Pradesh Police in Shimla but protected him from arrest.

It had asked Dua to join the probe and cooperate with the police in the process through video conferencing or online mode. Police can interrogate Dua at his residence in Delhi after giving him a 24-hour prior notice, it added.

The Bench had issued notices to Himachal Pradesh Government and the Centre on Dua’s petition seeking quashing of the FIR.

Asking the Himachal Pradesh Government to file a status report on probe, the top court posted the matter for further hearing on July 6.

Now the report will be filed by July 15, the next date of hearing.

Dua had moved the top court after being asked to join the investigation at Kumarsain Police Station in Shimla district on or before June 13 by 10 am sharp.

Dua (66) didn’t want to go to Shimla because of his old age, medical condition and COVID-19 pandemic which made him vulnerable.

Earlier, the Delhi High Court had stayed the summons issued to him in connection with an FIR against him for allegedly spreading fake news on communal violence in Delhi in February through his YouTube show.

The Shimla FIR has been registered at the instance of Himachal Pradesh BJP leader Ajay Shyam who filed a criminal complaint against Dua accusing him of instigating violence against the government by allegedly spreading fake news.