Plea in SC seeks direction to ensure proper medical treatment for non-COVID patients

By PTI
NEW DELHI: The Supreme Court is scheduled to pronounce its verdict on Thursday on a plea of senior journalist Vinod Dua seeking quashing of FIR lodged against him for sedition and other offences by a local BJP leader in Himachal Pradesh over his YouTube show.

A bench of Justices U U Lalit and Vineet Saran had on October 6 last year reserved the verdict on the petition after hearing arguments for Dua, the Himachal Pradesh government and the complainant in the case.

On July 20 last year, the top court had extended till further orders the protection granted to Dua from any coercive action in the case.

The apex court had earlier said that Dua need not answer any other supplementary questions asked by Himachal Pradesh police in connection with the case.

An FIR against Dua under provisions of Indian Penal Code for alleged offences of sedition, public nuisance, printing defamatory materials and public mischief was lodged by BJP leader Shyam at Kumarsain police station in Shimla district on May 6 last year and the journalist was asked to join the probe.

Shyam has alleged that Dua, in his YouTube show, accused Prime Minister Narendra Modi of using “deaths and terror attacks” to get votes.

Earlier, in an unprecedented hearing conducted on a Sunday on June 14 last year, the top court had granted protection from arrest to Dua till further orders.

However, it had refused to stay the ongoing probe against him.

Besides seeking quashing of the FIR, Dua, in the plea, has sought “exemplary damages” for “harassment”.

He has also sought direction from the apex court that “henceforth FIRs against persons belonging to the media with at least 10 years standing be not 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.”

Dua has said freedom of the press is a fundamental right guaranteed under Article 19(1)(a) of the Constitution.

The plea has said the top court has been “emphasizing for distancing the police from the ruling party in the state” but “none of the major political parties which are in power in various states are ready to give up their control over the police”.

“There is a recent trend against the media where state governments which do not find a particular telecast to be in sync with their political ideologies register FIRs against persons of the media primarily to harass them and to intimidate them so that they succumb to the line of the state or else face the music at the hands of the police,” the plea has claimed.

It claimed there is a concerted approach of authorities “to silence the media which is not palatable to them”.

It alleged that the FIR registered against Dua is “politically motivated” and is “purely to settle scores for critically evaluating the functioning of the central government at the present time of COVID”.