[LIVE-UPDATES] SC Hearing 𝐉𝐨𝐮𝐫𝐧𝐚𝐥𝐢𝐬𝐭 𝐕𝐢𝐧𝐨𝐝 𝐃𝐮𝐚's Plea Against 𝐒𝐞𝐝𝐢𝐭𝐢𝐨𝐧 C𝐚𝐬𝐞

ASG reads section 188 of the Indian Penal Code.

I am saying, “Attempt” has to be read and focussed on here.

ASG on his skeletal arguments:

“When i argue that a cognisable offence is made out, the even an attempt would be a cognisable offence. .. then, FIR has to be looked as a whole”

ASG: my broad points-

1. Even if one cognisable offence is made out, it is sufficient as far as the quashing is concerned.

2. Journalists are to be treated like ordinary citizens.

3. On lack of territorial jurisdiction, FIRs cannot be quashed and neither can the police deny.

Jethmalani concludes.

Now ASG SV Raju will make submissions for the Union.

Jethmalani: In the context of this great crisis, suppose a war with China were to erupt tomorrow, the pandemic is as bad - in this context, Dua’s case is serious case. We have to be twice as careful.

Jethmalani: Inherent in the legal concept of rioting is the incitement to violence.

Dua has used the word “riot” not once but in several episodes.

Jethmalani reads excerpts of the Kedarnath Judgment -

“If your acts or speech cause disturbance of law and order or violence, sedition is attracted.”

Justice Lalit: So violence is not necessary?

Jethmalani: No, incitement is enough.

Justice Lalit: Propensity is enough. Okay

Jethmalani: Either there must be violence or an intention to creat public disorder.

Violence in itself though is not a sine qua non.

There can be Public disorder without violence.

Jethmalani: Kedarnath Singh judgment says that “If you incite violence, then you are guilty of sedition”

Jethmalani now refers to excerpts of the Kedarnath Judgment.