SC says every journalist is entitled to protection, quashes sedition case against Vinod Dua
New Delhi, June 3: The Supreme Court on Thursday quashed a sedition case against veteran scribe Vinod Dua for his alleged comments against Prime Minister Narendra Modi in his YouTube show last year, saying a 1962 verdict entitles every journalist to protection.
A bench comprising Justices U U Lalit and Vineet Saran, however, declined the prayer of Dua that no FIR should be registered against any media personnel with 10 years' experience unless cleared by a committee, saying it would amount to an encroachment into the domain of the executive.
On the issue of protection of freedom of speech and expression of media personnel, it said, Every journalist is entitled to protection under the Kedar Nath Singh judgment (the famous verdict of 1962 on the scope and ambit of offence of sedition in the IPC)."
While upholding validity of section 124A (sedition) of the IPC, the top court in 1962 had ruled the sedition charges could not be invoked against a citizen for criticism of government actions as it would be in conformity with the freedom of speech and expression.
The bench on October 6 last year had reserved the verdict on the petition after hearing arguments for Dua, the Himachal Pradesh government and the complainant, a local BJP leader, in the case.
On July 20 last year, the top court had extended till further orders the protection granted to Dua from any coercive action in the case.
The top court had earlier said that Dua need not answer any other supplementary questions asked by the Himachal Pradesh police in connection with the case.
An FIR against 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.
Shyam has alleged that Dua, in his YouTube show, had made certain allegations against the prime minister.
Earlier, in an unprecedented hearing conducted on a Sunday on June 14 last year, the top court had granted protection from arrest to Dua till further orders. However, it had refused to stay the ongoing probe against him.
Besides seeking quashing of the FIR, Dua, in the plea, has sought "exemplary damages" for "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."
Dua has said freedom of the press is a fundamental right guaranteed under Article 19(1)(a) of the Constitution.
The plea has said the top court has been "emphasising 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 has claimed.
It claimed there is a concerted approach of authorities "to silence the media which is not palatable to them".
It alleged that the 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".
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Prime organiser of Messi event in Kolkata arrested over ‘mismanagement’ after stadium chaos
Kolkata (PTI): The police on Saturday arrested Satadru Datta, the prime organiser of the Lionel Messi football event at Salt Lake Stadium here, following widespread chaos at the venue, which prompted the Argentine World Cup-winning captain to leave the field early.
Taking suo motu cognisance of the stadium unrest, Datta was held by the Bidhannagar Police for “mismanagement” of the event from the Kolkata airport, where he had gone to see off Messi and his entourage on their way to Hyderabad.
"We are looking into whether there was any mismanagement from the organiser's side, which led to the chaos at the stadium. He has been detained, and the police have now brought the situation under control," West Bengal DGP Rajeev Kumar said at a press conference.
A senior police officer later confirmed that Dutta has been arrested. Till reports last received, the police were interrogating him and his manager inside one of the departure lounges of the airport.
The organiser has given in writing that he will refund the prices of tickets he sold to the disappointed spectators, Kumar said.
What was supposed to be a marquee football spectacle turned into widespread violence and disorder at the stadium after Messi’s brief and tightly ring-fenced appearance, his first at the venue since 2011, left large sections of the crowd frustrated, as they failed to catch a glimpse of their superstar despite having travelled from far and wide, paying hefty sums for tickets.
Police said they were also investigating how organisers allowed sale of bottled waters and beverages inside the stadium premises, which are banned items during such events.
Thousands of water bottles were used as missiles and lobbed inside the pitch by angry spectators, who also uprooted bucket seats from the gallery and used them as ammunition inside the field against the defending police and security personnel.
Spectators alleged that water bottles were being sold at a massive premium inside the stadium despite police disallowing such items from outside at the entry gates.
Police agreed there was an underlying tension in the galleries on account of Messi not showing his footballing skills on the field, which only got aggravated after a bunch of VIPs, including State Sports Minister Aroop Biswas and unidentified people, blocked the football icon’s view during the limited time he spent on the ground.
“We are on the job, and will ensure that whoever is responsible for what happened today at Salt Lake Stadium will be punished, and action will be taken against the authorities concerned,” said Jawed Shamim, ADG, Law and Order.
