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

Case will now be taken up for further consideration on September 24th at 2 pm.

Justice Lalit: theres another argument.. that There should be screening mechanism - Union will deal or State will deal with it?

Now bench asks the lawyers how much time will all take.

ASG now reads a judgment.

“Special skill” - for writing an article, a special skill may not be required. A person even with a degree of Arts can become a journalist.

Justice Lalit: So this effectively means professions like the legal or medical professions have to be there in order to designate that Who will be a professional and who will not be. Will you refer to bodies that control them like there are for the legal field or for CA’s?

Justice Lalit: Journalists are not professionals you say. But how do we say that an activity will be a profession and another will not be?

Turn to entry 26 of the Constitution of the Concurrent List which says “Legal, Medical & other professionals”

ASG Raju cites a judgement and reads out... “Journalists are not professionals, for a person to be a professional, there has to be a relationship with a client.”

Justice Lalit : So you are saying that even if one cognisable offence is made out, please don’t quash the FIR.

ASG: The IO’s locus is imperative before charge is framed. No one has a locus to decide which offence applies and what doesn’t before that.

ASG: Assuming that section 153 is not made out, an attempt in itself will be a cognisable offence.

ASG Raju: Even if offence is not committed, but an act of instigation, an act of abetment is a cognisable offence.

Now kindly have a look at section 153 of the IPC

ASG: Actual disobedience doesn’t have to take place. An attempt made is enough.

He now takes the bench through the definition of “Abetment” under section 107 of the IPC.