The Supreme Court on Thursday questioned the validity of the "colonial-era" sedition law and expressed concerns over its misuse.
Asking if India still needed the colonial-era law, Chief Justice of India NV Ramana sought a Centre on pleas including the one filed by the Editors Guild of India challenging the validity of the provision.
Agreeing to examine the plea challenging the constitutionality of section 124A (sedition) in the IPC, the bench said its main concern was the "misuse of law" and issued the notice to the Centre.
As per the SC, the non-bailable provision makes any speech or expression that 바카라brings or attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards the Government established by law in India바카라 a criminal offence punishable with a maximum sentence of life imprisonment.
바카라Mr Attorney (General). We want to ask some questions. This is the colonial era law and the same law was used by the British to suppress the freedom movement. It was used by the British to silence Mahatma Gandhi, Gokhale and others.
"Is it still necessary to keep this in statute even after 75 years of independence?바카라, asked the bench which also comprised justices A S Bopanna and Hrishikesh Roy.
Observing that the provision on sedition has been put to 바카라enormous misuse바카라, it also referred to alarming misuse of section 66 A of the Information Technology Act even after the top court set it aside long back and observed: 바카라It can be compared to a carpenter, asked to cut a wood, cut the entire forest.바카라
바카라A factionist can invoke these types of (penal) provisions to implicate the other group of people,바카라 the CJI said, adding that if a particular party or people do not want to hear a voice, they will use this law to implicate others.
The bench wondered at the continuance of the sedition law in statute book for last 75 years and said: 바카라We do not know why the government is not taking a decision. Your government has been getting rid of stale laws."
The bench said that it was not blaming any state or government, but unfortunately, the executing agency misuses these laws and 바카라there is no accountability바카라.
In a hearing, conducted through video-conferencing, the bench said that if a police officer in a remote village wanted to fix a person then he can easily do so by using such provisions.
Moreover, said the bench, there was very low percentage of convictions in sedition cases and these are the issues which are needed to be decided.
The CJI, on being told that another bench headed Justice U U Lalit has been hearing a similar plea which has been fixed for further consideration on July 27, said he would take call on posting of the matters and notify the date of hearing.
Attorney General K K Venugopal, who was asked to assist the bench in dealing with the case, defended the provision and said it be allowed to remain in the statute book and the court may laid down guidelines to curb the misuse.
Senior advocate Shyam Divan, appearing for the Editors Guild of India, said that a separate plea has been filed by the journalists바카라 body challenging the validity of section 124A (sedition) of the IPC and that plea can also be tagged along with the present one.
He said that besides challenging the validity, the Guild has also sought framing of guidelines to curb misuse.
The bench, referring to the credentials of Vombatkere, said that he gave his entire life to the country and his motive in filing of the case cannot be questioned.
The former Army officer challenged the constitutional validity of the sedition law on the ground that it causes "chilling effect" on speech and is an unreasonable restriction on free expression, a fundamental right.
His plea said section 124-A is wholly unconstitutional and should be 바카라unequivocally and unambiguously struck down".
바카라The petitioner contends that a statute criminalising expression based on unconstitutionally vague definitions of ''disaffection towards Government'' etc. is an unreasonable restriction on the fundamental right to free expression guaranteed under Article 19(1)(a) and causes constitutionally impermissible ''Chilling Effect'' on speech," the plea said.
The petition said there is need to take into account the "march of the times and the development of the law" before dealing with Section 124-A.
Earlier, a separate bench had sought response from the Centre on the plea challenging validity of sedition law, filed by two journalists -- Kishorechandra Wangkhemcha and Kanhaiya Lal Shukla -- working in Manipur and Chhattisgarh respectively.
(With inputs from PTI)
