Vinod Dua Case : Live Updates From SC Hearing

".....A citizen has a right to say or write whatever he likes about the Government, or its measures, by way of criticism or comment, so long as he does not incite people to violence against the Government established by law or with the intention of creating public disorder." : Singh quotes from Kedar Nath judgment.

Singh reads the relevant excerpt of the judgment:

"......disloyalty to Government established by law is not the same thing as commenting in strong terms upon the measures or acts of Government, or its agencies, so as to ameliorate the condition of the people"

Singh reads out the excerpts of Kedar Nath Singh,

He remarks - "I must add that Part "(c) public order" was added as a restriction to 19(1)(a) by the first amendment. It was not there in the Original Constitution."

Singh reads out the relevant excerpts of the Judgment which stipulates that criticism on political matters is not sedition.

Singh cites Kedar Nath Singh vs State Of Bihar AIR 1962 SC 955.

"In this case person was convicted by trial court for sedition. In SC, he argued the Constitutional vires of Sedition but did not argue his case on merits. Court convicted him but lay down the law on #sedition."

Singh now reads out section 124A of the IPC. If I can show both 505(2) & 124A do not lie against Dua, I will justify that an FIR cannot lie (vol. and be quashed).

Singh reads out section 505 of the IPC. "The ingredients of section 505(2) IPC are not made out in this case"

Singh argues that the Himachal Pradesh Govt. has stipulated section 60 under the DMA which has no application in the present cas

Singh now going over the reply filed by State of Himachal Pradesh.

"They have not replied on how the offence is made out. They have averred that they will not make averments on the allegations"

Singh now going over the reply filed by State of Himachal Pradesh.

"They have not replied on how the offence is made out. They have averred that they will not make averments on the allegations"