Will quash FIR against Vinod Dua ‘straight away’ if his contentions satisfactory: SC

NEW DELHI: The Supreme Court of India on Tuesday directed the Himachal Pradesh Police to file a status report in the case against Vinod Dua and remarked that it would “straight away” quash the FIR against the scribe if it was satisfied with his contentions regarding the matter.

The top court has posted the matter next for July 15, asking the Himachal Pradesh police to file its report in a week, thereby also extending the interim protection granted to him by a week.

"If we are satisfied that contention raised by petitioner is correct, we will quash the FIR straight away," the court noted. The Himachal Pradesh

Police had registered a case against Dua under sedition charges on a complaint from a local BJP leader and was summoned to Shimla for questioning in the case.

Appearing for Dua, Senior Advocate Vikas Singh argued that his client was being harassed for exercising his constitutional right of Freedom of Speech. Singh argued that Dua had been practising responsible journalism for 45 years and that he was under no obligation to answer questions from investigators. “I (Dua) don't have to answer the investigation authorities why I criticised the government,” Singh argued.

Interestingly, Dua's lawyer cited judgements in cases involving other newsmen such as Amish Devgan and Opindia Editors to support his argument with Solicitor-general Tushar Mehta vehemently objecting to the citations, saying all these cases were very different.

The bench headed by Justice U U Lalit said that Dua is not required to answer supplementary questions of police in the case and added that the Himachal Pradesh Police can continue its probe and questioning of Dua at his residence provided he is given a 24-hour notice and all social distancing norms are followed.

The court also considered the implication of the police status report containing sensitive information and asked probe officers to file the report in a "sealed cover".