Supreme Court dismisses FIR against Binod Dua, says journalists entitled to protection in sedition case

Supreme Court dismisses FIR against Binod Dua, says journalists entitled to protection in sedition case

Symbolic Image (Photo Credit ANI)

New Delhi, 3 June. The Supreme Court on Thursday quashed an FIR filed against senior journalist Binod Duar for his alleged remarks against Prime Minister Narendra Modi on a YouTube program, saying that journalists have a right to a sedition case after the 1922 verdict. On March 30 last year, Dua uploaded a video on The Binod Dua Show on YouTube claiming that the Prime Minister had used terrorist attacks and deaths in Pathankot and Pulwama to get votes. Shimla Kumarsain, a local BJP leader from Himachal Pradesh, had lodged an FIR against him for treason. The FIR alleges that Dua tried to spread misinformation that the government did not have adequate testing facilities for Kovid-19. Read more – COVID-19 Vaccination: The Supreme Court said – the disadvantaged part has to bear the loss due to the digital gap.

Announcing the verdict, a bench of Justices U U Lalit and Binit Saran said, “We are of the firm view that it would be unfair to prosecute an applicant for a criminal offense under IPC 144A and 505 (1) (b).” “These offenses have not been committed in the light of FIRs and allegations in other circumstances and any case in this regard would be a violation of the right of the petitioner under Article 19 (1) (a) of the Constitution,” the judgment said. The bench used Kedanath Singh of Bihar to analyze the 0-year-old judgment of the state constitution bench and said, “Such acts are punishable with the intention of disturbing the peace of the people or creating chaos by spreading violence.” “Yes.”

Appearing on behalf of the door, the bench rejected the submission of Senior Advocate Bikash Singh that journalists are as sensitive as doctors and allegations against journalists should be investigated by a committee before filing an FIR. “But it should be clear that every journalist has the right to be protected under Kedarnath Singh’s case,” it said. Or they have the condition to criticize but they do so with the intention of disturbing the people without inciting the people to violence against the law or the government established by law

However, the apex court rejected Dua’s request that no FIR should be lodged against a media person with more than ten years of journalistic experience unless a committee gives permission. The bench said it would interfere with the executive’s jurisdiction. Regarding the freedom of expression of media workers, the bench said, “Every journalist is entitled to protection under the Kedar Nath Singh Roy (the famous 1962 Order for Sedition in the IPC).” The 1962 judgment in support of the apex court stated that no citizen could be charged with sedition for criticizing the government’s actions as they were in line with the government’s freedom of speech and expression.

The bench had reserved the order on the application after hearing the case in October last year. The apex court on July 20 last year extended the protection granted to the door from any coercive measures in the case till the next order. The apex court had earlier said that there was no need to answer any more supplementary questions asked by Himachal Pradesh police in this regard. BJP leader Shyam had lodged an FIR against Dua under various sections of the Indian Penal Code at Kumarsain police station in Shimla district in May last year, harassing people, exposing defamatory material, etc. and asking journalists to join the party. Investigation.

Shyam alleged that Dua had made some allegations against the PM on his YouTube program. Earlier, the apex court had granted protection to Binod Dua in an unexpected hearing on Sunday, June 14 last year, but refused to stay the ongoing probe against him. Dua had requested the court to quash the FIR filed against him. He said that freedom of the media is a fundamental right under Article 19 (1) (a) of the Constitution.

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