Vinod Dua Case : Live Updates From SC Hearing

Hearing adjourned.

Bench rises.

Justice Lalit: Will all of you finish in a one session from 2 pm?

Sr. Adv. Mahesh Jethmalani: Very difficult.

Justice Lalit: We will adjourn the matter on Wednesday, September 2nd at 2 PM as we will not sit as this bench next week.

Justice Lalit: How much more time will you take?

Singh: About two hours.

Justice Lalit: Thats Too much time. Keep the doubt we have in our mind and address us on that. Finish in an hours time now.

Singh reading excerpts from Bennet Coleman Judgment:

"The faith in the popular Government rests on the old dictum "let the people have the truth and the freedom to discuss it and all will go well". The liberty of the press remains an "Art" of the Covenant" in every democracy..."

Singh: History under 19(1)(a) is whatever rights citizen enjoys, press also enjoys.

Singh: But citizen not reporting on a daily basis. Of course with the rider that considering the advent of social media, so are citizens. 

Singh says that #FreedomOfThePress should now also extend to social media.

Justice Lalit: Guidelines adopted. But they cannot be stipulated where statute does not permit it.

Singh: If freedom of speech is not specifically guaranteed to the press - things are also taking a degenerative turn in our country.

Justice Lalit: You don't need to go so deep into it. Just tell us is case made out or not...

Singh drawing corollaries between the United States Bill of Rights

"USA mention citizens & press....

19(1)(a) does NOT mention press. The idea is that free speech should be available to the entire citizenry as well as the press." 

Singh: Both sections - 505(2) and 153A have the common element of involvement of groups. Interference from SC paramount under Article 32 as offence clearly not made out & it interferes with by #Fundamentalrights.

Singh argues that accused cannot be held guilty of either the offence under Section 153A or under Section 505(2) of IPC if has not done anything as against any religious, racial or linguistic or regional group or community.