SC protects journalist Vinod Dua from arrest

The Supreme Court on Sunday protected journalist Vinod Dua from arrest but refused to stay the investigation into an FIR lodged by the police in Shimla last month over his YouTube show, critically analysing the Union government's decisions on Pulwama attack to lockdown.

Holding a special hearing, a bench led by Justice U U Lalit said that the police can interrogate him at his residence in Delhi on giving a prior notice of 24 hours, "keeping in mind the social distancing norms prescribed during COVID-19 pandemic".

On a writ petition filed by him for quashing the May 6 FIR, the bench, also comprising Justices Mohan M Shantanagoudar and Vineet Saran, sought a complete status report on the probe. The court also sought personal appearance of the investigating officer.

The court asked Dua to extend full cooperation to the police through video conferencing or online mode as he has made the offer on June 12, in terms of summons for his personal presence on June 13.

A BJP leader, Ajay Shyam filed a sedition complaint with Kumarsain police station against Dua.

During the hearing, senior advocate Vikas Singh sought a stay on the FIR, contending that prima facie none of the allegations raised in the FIR were made out.

"If this kind of content can attract the FIR, then whole of the country would be committing the offence of sedition," he said.

The bench told him we will not prejudice your rights but the investigation can go for now.

Singh said the whole of Himachal Pradesh was on institutional quaratine. "For reporting, this kind of sedition charges can't be made. The fundamental rights have completely been taken out," he said.

"We won't stay the investigation at this stage," the bench said. Singh, then said, "It will send a wrong signal."

"Whether it will send a right signal or a wrong signal, it is for us to decide," the bench said.

Solicitor General Tushar Mehta accepted notice on behalf of the Centre and the Himachal Pradesh government and sought two weeks time to file response in the matter.

The court put the matter for further consideration on July 6.

In his plea, Dua also sought the top court to lay down that, henceforth, FIRs against persons belonging to the media with at least 10 years standing should not be 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. He also sought exemplary damages to him for the harassment.

In a separate FIR lodged in Delhi against a similar YouTube show, Dua got advance bail by a trial court. The Delhi HC had stayed the probe.