New Delhi : SC has expressed concern over the misuse of the colonial era penal law on sedition. The court has sought the response of the Central Government on other petitions including the petitions of the Editors Guild of India challenging the validity of the law.
A division bench of the Supreme Court on Thursday heard a petition challenging Section 124-A of the Indian Penal Code (IPC), 1860. Under this section, punishment is given for the offense of sedition. The petitions have claimed that Section 124-A violates the fundamental right to freedom of speech and expression, which is provided under Article 19(1)(a) of the Constitution.
The petitioners have alleged misuse of this law
The petitioners say that they are raising questions on their respective state governments and the central government. An FIR has been registered against him under 124-A for his comments and sharing cartoons on the social media platform Facebook. The petitioners have also alleged misuse of this law. It has been said in the petition that since 1962, cases of misuse of section 124A have come to the fore continuously.
Main concern is misuse of law: Supreme Court
In this sequence, the Supreme Court said that its concern is about the misuse of the law. He questioned the Centre as to why it was not abolishing the colonial-era law on sedition. A bench headed by CJI NV Raman said its main concern is misuse of law and questioned the Centre, which is repealing the old laws, as to why it is not doing away with the provision.
The purpose of the sedition law was to suppress the freedom struggle.
The court said the sedition law was intended to suppress the freedom struggle, which was used by the British to silence Mahatma Gandhi and others. Meanwhile, Attorney General KK Venugopal defended the validity of the provision, saying that certain guidelines can be framed to prevent misuse of the sedition law. It may be noted that the bench also heard a fresh petition by Major-General (Retd) SG Wombatkere, challenging the constitutional validity of Section 124A (sedition) of the Indian Penal Code on the ground that it violates freedom of expression. There is undue restriction on fundamental right.
