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‘Satisfy conscience of the court’: SC seeks status report in sedition case against Vinod Dua

The SC has extended protection from arrest for Vinod Dua till 15 July, while observing that it could quash the sedition case if it found no merit in the allegations.

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New Delhi: The Supreme Court Tuesday directed the Himachal Pradesh Police to submit its status report, in a sealed cover, on the investigation into the sedition case registered against senior journalist Vinod Dua.

The court was hearing the journalist’s petition, filed through advocate Varun Singh, to quash the sedition case registered against him in Shimla.

A bench led by Justice U.U. Lalit said the court wanted to verify if the probe was in the “right earnest”. The court also said that it could quash the case if it found no merit in the allegations against Dua.

The bench observed verbally that the questions posed to Dua did not form any “empirical evidence” in a sedition case.

Dua was given protection from arrest on 14 June after the court held a special hearing on a Sunday. On Tuesday, the court extended his protection till 15 July.

“We shall dispose of the case in the next hearing (on 15 July),” Justice Lalit told Solicitor General Tushar Mehta, who appeared on behalf of the state.

When told that Dua had received a second questionnaire from the Himachal Pradesh Police though he has already answered one before, the bench said the senior journalist didn’t need to send his reply.

Dua was summoned by the Shimla Police in a case registered against him over his YouTube show in which the journalist had questioned the central government for its failure to stop the spread of Covid-19.


Also read: Indian citizens and media have been terrorised enough with sedition. SC must end it now


Questions asked by police not relevant: Supreme Court

Appearing for Dua, senior advocate Vikas Singh, pointed out that his client has been cooperating with the police following the last hearing on 14 June.

Dua, said Vikas, had replied to all the questions that were sent to him by the Himachal Pradesh Police on 19 June. The replies were submitted on 22 June, despite Dua’s objections to the nature of questions posed, said Vikas.

To give an example, the advocate read out one question which enlisted steps put in place by the central government to control the spread of Covid-19 and asked Dua to explain why he had said, in his show, that the government was not taking sufficient measures to curb infection rates.

Dua had responded to it by saying that he based it on research carried out by him and also an article by senior Congress leader P. Chidambaram.

A supplementary questionnaire was again sent to him again on 30 June, where Dua is asked why, with his 45 years of experience as a journalist, did he rely on someone else’s report, said Vikas.

To this, Justice Lalit remarked that such a question was not relevant for the probe.

Vikas also argued the way the police has been questioning Dua and said it will lead to a lot of harassment.

“I have a right to criticise the government and that cannot be sedition, which has been defined as inciting violence,” submitted the lawyer.

The bench later asked the police to not “fire off another questionnaire” to Dua. Mehta objected to the expressions used by judges, prompting the bench to withdraw it.

“They (Dua) have answered your questions. You are entitled to investigate. The questionnaire sent on 30 June need not be answered,” the court said.

‘Satisfy conscience of the court’

The court also noted that while Dua’s show was telecast on 30 March, the complaint was registered against him on 23 April.

“That is an indication as to the seriousness you bestowed to the investigation,” the bench noted.

Mehta immediately responded to this by saying the case could not be registered earlier due to the lockdown.

“We understand that you do not want to disclose everything now but you must satisfy the conscience of the court,” the bench told Mehta, who said the police will file a status report within a day.

The judges have also asked for a look at the witnesses or complainants’ statements recorded under section 161 of the code of criminal procedure.


Also read: Govt preventing Indian media from criticising it, reporting on pandemic: IPI


 

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