38.6c New Delhi, India, Monday, May 27, 2024

“Journalists are entitled to protection against sedition,” says Supreme Court

By Celin Sunil      08 June, 2021 06:55 PM      0 Comments
“Journalists are entitled to protection against sedition,” says Supreme Court

The Supreme Court of India on Thursday, June 03, 2021, quashed a sedition case registered against senior journalist and Padma Shri awardee Vinod Dua for his critical remarks against the Prime Minister and the Union government. The court affirmed that the “strong words” of disapproval against the ruling regime did not amount to sedition.

The court rejected the plea to direct State Governments to constitute committees to conduct preliminary inquiry before the FIRs are registered against senior journalists. The bench comprising of Justices UU Lalit and Vineet Saran observed that taking any measure as such would amount to encroachment upon the field reserved for the legislature.

However, the court clarified that, every journalist will be provided protection in terms of Kedar Nath Singh (1962) judgement, which said, “commenting in strong terms upon the measures or acts of government, or its agencies, so as to ameliorate the condition of the people or to secure the cancellation or alteration of those acts or measures by lawful means, that is to say, without exciting those feelings of enmity and disloyalty which imply excitement to public disorder or the use of violence is not sedition.”

The 1962 judgment said, Section 124A of the Indian Penal Code (sedition) was intended only to punish subversion of a lawfully established government through violent means.

The bench stated that the petitioner is asking the constitution of a committee completely outside the scope of statutory framework. After referring to various other subsequent judgements, the court observed, “we are conscious that the directions issued in Jacob Mathew had received approval by a Constitution Bench in Lalita Kumari, but those guidelines issued in Jacob Mathew stand on parameter which are completely distinguishable from the subsequent decisions of three Judge Bench of this Court in Union of India vs. State of Maharashtra and Others and in Social Action Forum for Manav Adhikar and Another vs. Union of India, Ministry of Law and Justice and others."

Share this article:

Leave a feedback about this

Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 20 - May 25]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

26 May, 2024 11:25 AM
Trending Executive
Arvind Kejriwal moves Supreme Court to extend interim bail by 1 week for medical tests

Arvind Kejriwal seeks Supreme Court extension of interim bail by one week for medical tests in Delhi excise policy case amid ongoing ED investigation.

27 May, 2024 11:24 AM


Trending Business
Agarwal Family Plans to Sell Haldiram for Rs. 71,000 Crores as Next Generation Steps Back

The Agarwal family plans to sell Haldiram, valued at Rs. 71,000 crores, with a Blackstone-led consortium bidding. This marks India's largest private equity buyout.

21 May, 2024 03:32 PM
Trending Crime, Police And Law
13 Year old boy booked for impregnating 15 year old sister, after watching porn together

Minor siblings watch porn together brother rapes and impregnates sister. Police official probing the matter shared that the siblings tried to have sex for the first time in Dec 2023, but failed.

21 May, 2024 03:54 PM
Trending Judiciary
“Replacing colonial-era codes,” new criminal laws to come into effect on July 1

“Replacing colonial-era codes,” the new criminal laws to come into effect on July 1. However, Section 106(2) of the Bharatiya Nyaya Sanhita (BNS) has been put on hold. Read the full article to know why.

21 May, 2024 04:57 PM
Trending Judiciary
Offences Under Section 354D Ipc And Section 506 Ipc Are Personal To Parties: Rules Supreme Court

The Supreme Court quashed stalking and criminal intimidation charges to preserve marital ties, invoking Article 142, deeming the offences personal to the parties involved.

21 May, 2024 05:40 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email