NDLI: Vinod Dua Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Quashing of FIR
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Allowed
Headnote	Constitution of India: Art. 32 – Quashing of FIR under – On facts, FIR against petitioner-renowned journalist u/ss. 124-A, 505, 501, 268 for some statements made by him in his talk show on social media about handling of the Covid Pandemic; and that the Prime Minister has used deaths and terror attacks to garner votes – Act is of instigating violence against the government and the Prime Minister, and creating panic amongst the public and disturbing the public peace by trying to spread false information – Petition u/Art. 32 by the petitioner for quashing of FIR and seeking directions for protection of journalists – Held: All the offences set out in the FIR not made out – Citizen has a right to criticize or comment upon the measures undertaken by the Government and its functionaries, so long as he does not incite people to violence against the Government or with the intention of creating public disorder – ss. 124A and 505 comes into play only when the words or expressions have pernicious tendency or intention of creating public disorder or disturbance of law and order – Statements at best can be termed as expression of disapprobation of actions of the Government and its functionaries – They were not made with the intent to incite people or showed tendency to create disorder or disturbance of public peace by resort to violence – Statements attributed to petitioner that Prime Minister used deaths and terror attack to garner votes not made in the Talk Show – Thus, prosecution of the petitioner for the offences punishable u/ss. 124A and 505 (1)(b) unjust and violative of its rights guaranteed u/Art. 19(1)(a) – Furthermore, offences u/ss. 501 and 268 not made out, as also offences punishable u/ss. 52 and 54 of the Disaster Management Act, 2005 and s.188 IPC – As regards, prayer that no FIR be registered against a person belonging to media with at least 10 years of standing unless cleared by the Committee as suggested, the constitution of the Committee is outside the scope of the statutory framework, and any relief granted in terms thereof would amount to encroachment upon the field reserved for the legislature – Thus, FIR quashed, however, prayer for the constitution of the Committee rejected – Separation of powers – Penal Code, 1860 – ss.124-A, 505, 501, 268. Penal Code, 1860: s. 124A – Sedition – Applicability of s. 124A, when – Explained in terms with the *Kedar Nath Singh vs. State of Bihar’s case.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2021 INSC 304
Petitioner	Vinod Dua
Respondent	Union Of India & Ors.
SCR	[2021] 12 S.C.R. 1071
Judgement Date	2021-06-03
Case Number	154

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Vinod Dua Vs. Union of India & Ors.

Please Log-in to view this content

Beenu Rawat & Ors Vs. Union of India & Ors.

Pratibha Vs. Rameshwari Devi and Ors.

Rekha Patel Vs. Pankaj Verma and Ors.

Mohd. Shahbuddin & Ors. Vs. Union of India & Ors.

Randhir Singh Vs. Union of India Ors.

R.l. Gupta & Anr. Vs. Union of India & Ors.

State of Kerala and Ors. Etc. Vs. O.c. Kuttan and Ors. Etc

Lalita Kumari Vs. Govt. of U.p. and Ors.

Surjeet Singh & Anr. Vs. Union of India & Ors.

Vinod Dua Vs. Union of India & Ors.

Vinod Dua Vs. Union of India & Ors.

Please Log-in to view this content

Similar Documents

Beenu Rawat & Ors Vs. Union of India & Ors.

Pratibha Vs. Rameshwari Devi and Ors.

Rekha Patel Vs. Pankaj Verma and Ors.

Mohd. Shahbuddin & Ors. Vs. Union of India & Ors.

Randhir Singh Vs. Union of India Ors.

R.l. Gupta & Anr. Vs. Union of India & Ors.

State of Kerala and Ors. Etc. Vs. O.c. Kuttan and Ors. Etc

Lalita Kumari Vs. Govt. of U.p. and Ors.

Surjeet Singh & Anr. Vs. Union of India & Ors.

Vinod Dua Vs. Union of India & Ors.