Shuvro Prokash Lahiri, Advocate at High Court, Calcutta
CASE DETAILS
Parties: Vinod Dua vs Union of India and Others
Bench: The Hon’ble Justice Uday Umesh Lalit and The Hon’ble Justice Vineet Saran
Date of Judgment: June 03, 2021
Status: Writ Petition Allowed
FACTUAL BACKGROUND OF THE CASE
Vinod Dua, a reputed senior journalist on March 30, 2020, in his show namely The Vinod Dua Show on YouTube in one at 5 minutes 9 seconds and the other at 5 minutes 45 seconds raised certain recent issues criticising the present Government of India. That in his show Vinod Dua criticized the Government in failing to tackle the issues of proper handling of pandemic situation in India pointing out lack of medical infrastructure, lifesaving instruments along with issues of disruption of food and other essential supply chain. The show further went on to criticize the Government in inhumanely tackling the issue of migrant labour and police brutality on them. The most controversial aspect of the show was allegedly intending to criticise the present Prime Minister of India in the garb of the term Pradhan Sevak and accusing him of garnering votes in the name of Terror attacks on India at Pathankot and Pulwama and surgical and air strikes by India for political gain. That right after such show complaints were raised and F.I.R was registered against the journalist under section 124-A, 268, 501 and 505 of the Indian Penal Code, 1860. Subsequent allegations were also raised by the State authorities in their Affidavit under sections 52 and 54 of the Disaster Management Act, 2005. That being aggrieved by such action the said journalist moved The Hon’ble Supreme Court of India under Article 32 of The Constitution of India by exercising his fundamental right and thereby inter alia praying for quashing of FIR No. 0053 dated 06.05.2020 registered at Police Station Kumarsain, District Shimla, Himachal Pradesh and issuance of direction and guidelines in regard with registration of FIRs against persons belonging to the media with at least 10 years standing requiring clearance 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.
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