The Delhi High Court Stays Further Investigation in the Case of Journalist Vinod Dua.
– Shubhangi Zite
The Delhi High Court has stayed the further investigation in FIR registered against senior journalist Vinod Dua for making statements conducive to public mischief, saying there was an unexplained delay of nearly 3 months in filing the complaint and lodging of the FIR. The stay order was passed by a Single Judge Bench of Justice Anup J Bhambhani while considering Dua’s plea for quashing of the FIR.
The FIR was filed on June 4 by the BJP spokesperson Naveen Kumar said that “Dua, a known Indian media personality, committed the offence of public nuisance, mischief, printing and engraving matters known to be defamatory, intentional insult with intent to provoke breach of peace”. The FIR was lodged against Vinod Dua by the Crime Branch, Delhi Police under Section 290/505/505(2) of IPC.
The court further said that there was a substantial unexplained delay in filing of the complaint and lodging of the FIR as the date of alleged offense is March 11 and the complaint was made only on June 3 leading to registration of FIR on June 4, which is a delay of almost 3 months.
The Court noted that even after lodging of the FIR, no substantial investigation was carried-out except for the issuance of notice to YouTube and the scribe has not been called to join the probe. It further noticed that Dua has already been granted interim protection in anticipatory bail proceedings by a trial court.
The Court further added that “It prima-facie appears that the lodging of the FIR requires to be examined on the touchstone of the law as laid down in the judicial precedents since the steps taken so far by the State do not appear to be in consonance with such law and do not inspire much confidence,”.
The Court has issued notice to the Delhi Police in the plea to quash the FIR and sought its response. The matter would be heard next on July 23.