Citizen Has Right To Criticize Government As Long As He Does Not Incite People To Violence: Supreme Court in Vinod Dua Case

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Case: Vinod Dua vs. Union of India

Coram: Justices Uday Umesh Lalit and Vineet Saran

Case No: [WP(Crl) .154 of 2020]

Court Observation: “They were certainly not made with the intent to incite people or showed tendency to create disorder or disturbance of public peace by resort to violence. The petitioner was within the permissible limits laid down in the decision of this Court in Kedar Nath Singh . It may be that certain factual details in the 3rd statement regarding the date when the ban came into effect were not completely correct. However, considering the drift of the entire talk show and all the statements put together it cannot be said that the petitioner crossed the limits set out in the decision of this Court in Kedar Nath Singh”

“Every Journalist will be entitled to protection in terms of Kedar Nath Singh , as every prosecution under Sections 124A and 505 of the IPC must be in strict conformity with the scope and ambit of said Sections as explained in, and completely in tune with the law laid down in Kedar Nath Singh .”


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