CITIZENS HAVE A RIGHT TO CRITICIZED THE GOVERNMENT, AS LONG AS THEY DO NOT INCITE PEOPLE TO VIOLENCE.

The SC quashed sedition charges against Journalist Vinod Dua to make alleged bizarre comments and allegations against Narendra Modi in his YouTube video.

Vinod Dua also filed a petition that no FIR should be registered against Journalist having more than 10 years experience unless cleared by a committee that every state government should constitute. However, the SC bench declined this prayer.

On May 6th, a BJP leader in Shimla lodged an FIR against Dua under the charges of Sedition, defamatory materials and public nuisance.

The Court noted that the statements made by Dua should be best termed as disapprobation of actions of the government and its representatives or functionaries. They were made to address the prevailing situation quickly and nowhere intended to incite people to create disorder.

The Bench of Justice Uday Umesh Lalit and Vineet Saran, while referring to Kedar Nath Singh Case, observed that "a citizen has a right to criticize upon the measures moved by the Government and its representatives, as long as he does not incite people to violence against the Government or to create public disorder; and that it is only when the words or expressions have pernicious tendency or intention of creating public disorder or disturbance of law and order that Sections 124A and 505 of the IPC3 must step in". 

Author: Papiha Ghoshal