Sedition, defamation charges cannot be invoked for criticism:SC


New Delhi, Sep 5 (PTI): Sedition or defamation cases cannot be slapped on anyone criticising the government, the Supreme Court today said in a clear message.

"Someone making a statement to criticise the government does not invoke an offence under sedition or defamation law. We have made it clear that invoking of section 124(A) of IPC (sedition) requires certain guidelines to be followed as per the earlier judgement of the apex court," a bench of Justices Dipak Misra and U U Lalit said while refraining from saying anything further on the issue.

The observation came as Advocate Prashant Bhushan, appearing for an NGO, said sedition was a serious offence and the law on it was being grossly misused for stifling dissent.

He cited the examples of sedition charges being slapped on agitators protesting against Kudankulam Nuclear Power Project and cartoonist Aseem Trivedi, among others.

To this, the bench said "we don't have to explain the sedition law. It's already there in the five-judges constitution bench judgement in Kedar Nath Singh vs state of Bihar of 1962."

The court, while disposing of a petition filed by NGO Common Cause alleging misuse of the sedition law, refused to pass a direction on the plea that a copy of this order be sent to all Chief Secretaries of states and the Directors General of Police.

"You have to file separate plea highlighting if any misuse of sedition law is there. In criminal jurisprudence, allegations and cognisance have to be case specific, otherwise it will go haywire. There can't be any generalisation," the bench said.

Bhushan said law has not been amended after the Kedar Nath Singh judgement by the apex court and a constable does not understand the judgement but what he understands is the section in the IPC.

"Constables don't need to understand. It is the magistrate who needs to understand and follow the guidelines as laid down by the apex court while invoking sedition charges," the apex court said.

The court was hearing a plea seeking the apex court's intervention to address the "misuse" of section 124 A of the IPC contending that such a charge was being framed with a view to "instill fear and scuttle dissent".

The NGO's plea said "there has been an increase in the number of cases of sedition against intellectuals, activists, students, with the latest being the sedition charge on Amnesty India for organising a debate on Kashmir".

"In this regard, a petition has been filed to address the misuse and misapplication of Section 124A (sedition law) by the Centre and various State Governments leading to routine persecution of students, journalists and intellectuals engaged in social activism. It is submitted that these charges are framed with a view to instill fear and to scuttle dissent".

Acting on a complaint by the ABVP on Saturday, Bengaluru police had slapped sedition charges against Amnesty International India after an event it had organised on allegations of human rights violations and denial of justice in Jammu and Kashmir.

Referring to a National Crime Records Bureau report, the plea said that 47 cases of sedition were filed in 2014 alone and 58 persons arrested in connection with these cases, but the government has managed only one conviction so far.

It cited a series of recent examples of activists being slapped with sedition charges, including Arundhati Roy in 2010 for alleged anti-India remarks at an event in Kashmir, cartoonist Aseem Trivedi in 2012 for allegedly insulting the country through his cartoons, doctor and human rights activist Binayak Sen, JNUSU President Kanhaiya Kumar and DU professor S A R Geelani.

The plea sought a direction that either Director General of Police or Commissioner of Police be asked to give a report before registration of an FIR for the offence of sedition that the act has led to violence or there was an intent on the part of the accused to create public disorder.

It also sought a direction that the investigations and prosecutions be dropped in cases where such a reasoned order was not provided and the act in question involved peaceful expression or assembly.

The constitutional validity of section 124 A rests upon either an intention to create public disorder or incitement of violence, it had said.

  

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Comment on this article

  • Vincent Rodrigues., Frazer Town,Bangalore

    Tue, Sep 06 2016

    This will give a license to the criticizers to criticize any extent which may perhaps even hating the government

    DisAgree [1] Agree [2] Reply Report Abuse

  • SK, Mangalore

    Tue, Sep 06 2016

    Let us wait for the comments from FEKU and Santosh Hegde ....The great reformers ...

    DisAgree [1] Agree [10] Reply Report Abuse

  • gabriel, sagar

    Tue, Sep 06 2016

    It us Voltaire who said:“I disapprove of what you say,
    but I will defend to the death your right to say it”

    DisAgree Agree Reply Report Abuse

  • Zeitgeist, Mangalore

    Tue, Sep 06 2016

    Gabriel,

    Since you quoted Voltair, i want ask you whether are you a Free Speech Absolutist.

    DisAgree Agree Reply Report Abuse

  • Sachidanand Shetty, Dubai/Mundkur

    Tue, Sep 06 2016

    We hope that the same Law is applicable when someone criticizes the SC or HC Judges too!!!!

    DisAgree [3] Agree [1] Reply Report Abuse

  • NN, USA

    Tue, Sep 06 2016

    Indian SC should pass an order to make it compulsory for all the Legislators and Law Enforcement officials to take course on Indian constitution and pass the test at least once in two years so that innocent lives will not be put in jeopardy for lack of knowledge and understanding of the Constitution. There should be a law for citizens to sue the Government for false charges and recover monetary damage like in the western countries.

    DisAgree [2] Agree [11] Reply Report Abuse

  • ca girishkk, m'lore/dxb

    Mon, Sep 05 2016

    Boda sheera..,

    Nobody knew the what sedition means till May'2014.

    DisAgree [3] Agree [26] Reply Report Abuse

  • Zeitgeist, Mangalore

    Mon, Sep 05 2016

    Really? Check when was Aseem Trivedi arrested.

    DisAgree [7] Agree [7] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Tue, Sep 06 2016

    ca girishkk, m'lore/dxb

    Read the news properly...
    Otherwise you have to eat your own SHEERA...

    DisAgree [13] Agree [4] Reply Report Abuse

  • ca girishkk, m'lore/dxb

    Tue, Sep 06 2016

    In other words.., it is like... offering after getting it emptied...,

    FEKU ideology.

    DisAgree [1] Agree [13] Reply Report Abuse

  • tony sequeira, mangalore

    Mon, Sep 05 2016

    It is high time the political parties and the police follow the guidelines of the Supreme Court in misusing the sedition law to stiffle freedom of expression.

    DisAgree [3] Agree [19] Reply Report Abuse

  • Valerian D'souza, Udupi / Mumbai

    Mon, Sep 05 2016

    Like people, Political parties also not immune, they too commit mistakes!
    However, as a lesson, they should get punishment for causing injustice to people.
    INC lost badly in election after emergency and Modi Govt lost popularity after applying Sedition charges on Kannaiyya Kumar & Hardik Patel.
    We should never give up but always fight against injustice and ignorance in the society.
    But should always ensure that are on right side of the law!

    DisAgree [5] Agree [18] Reply Report Abuse

  • m, mangalore

    Tue, Sep 06 2016

    Dont know whether you read news. But two surveys are saying that Modi has got major ratings from the Public.
    By the way, these are independent survey agencies.

    DisAgree [1] Agree [1] Reply Report Abuse

  • Bollu, Mangalore

    Mon, Sep 05 2016

    That means we can critisise knickerwala ideology without any fear now???

    DisAgree [3] Agree [16] Reply Report Abuse

  • Declan, Mumbai

    Tue, Sep 06 2016

    Having to use an alternative word 'knickerwala' instead of ch####. So do you really believe there is no fear now ?

    DisAgree [1] Agree [3] Reply Report Abuse

  • Joe Britto, Nakre/Bangalore

    Mon, Sep 05 2016

    It's most shameful that this outdated law has been invoked ion free India. It's but justifiable that the S.C. has indicated that Criticism of the Government does not come under this draconic law. It's high time teh BJP Governmnet d this word from it Vocabulary once & for all.

    DisAgree [2] Agree [14] Reply Report Abuse

  • David Pais, Mangalore

    Mon, Sep 05 2016

    rahul gained upper hand from rss defamation.

    DisAgree [3] Agree [16] Reply Report Abuse

  • Swamy, Mangalore

    Mon, Sep 05 2016

    Does this SC ruling apply to BJP and its chailas?. Court in Nagpur head quarters has different ruling, laws and totally different constitution. So, two ruling systems in one country????!!!

    DisAgree [6] Agree [30] Reply Report Abuse

  • Valerian D'souza, Udupi / Mumbai

    Mon, Sep 05 2016

    Clear message from hon. Supreme Court, will give lot of relief to people from Governments that are hostile to constructive criticism, who tried to act like dictator in democracy.
    INC misused such powers during emergency and Modi Govt against student leader Kanaiah and Gujarat leader Hardik Patel.
    Now such activists and many RTI activists, friends of common man, who were targeted, will get relief through this clarification.

    DisAgree [4] Agree [28] Reply Report Abuse

  • Langoolacharya, Belman/Wash DC

    Mon, Sep 05 2016

    People,

    Sedition 124 A was copied from 1857 British law...it was used to suppress native people and keep them as slaves by Phirangees...

    Now white Phirangees have gone(in 1947)...a new set of Brown Phirangees(CONgress/BJPeee) have taken over...and treat people as slaves...and this Sedition is a tool to suppress them...

    What is the use of sending a copy(of 1962 SC judgement about Sedition) to DGPs....just remove it from IPC/CrPC...so it could never be used...

    Phirangees used it against freedom fighters...Modi uses in on Kanaiha and make him look like Bhagath Singh...Shame...

    ...JH...

    DisAgree [5] Agree [35] Reply Report Abuse

  • OSWALD VAZ, THOTTAM/ BAHRAIN

    Mon, Sep 05 2016

    Tell me frankly which Law not copied from British including our constitution.

    DisAgree [3] Agree [32] Reply Report Abuse


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