Supreme Court restrains Himachal Pradesh Police from arresting Vinod Dua in sedition case, refuses to stay probe
The top court said that Vinod Dua will have to join the investigation and there shall be no stay on the ongoing probe undertaken by the Himachal Pradesh Police.
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 6 July in a sedition case lodged against him in the state 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 UU Lalit, MM 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, not only sought staying of the FIR rather demanded its quashing, 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.
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 30 March .
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 23 June 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.
Sushil, who has been in jail since 2 June, sought relief from court by asserting that he has been falsely implicated in the murder case. He said accusations were made to humiliate him and injure his reputation.
The petitioner, lawyer Sadre Alam, sought quashing of the 27 July order issued by the Ministry of Home Affairs appointing Asthana as the Delhi Police Commissioner while granting him inter-cadre deputation and extension of service by one year
The Delhi Police Crime Branch had on Tuesday registered an FIR after 32 officials of Tihar Jail were found to be complicit with the imprisoned duo - Ajay Chandra and Sanjay Chandra