New Delhi, May 2: The government sought time from the Supreme Court to respond to a petition challenging the validity of Section 124A of the Indian Penal Code (IPC), which deals with sedition.
The Supreme Court has listed the matter for final hearing on May 5. The Centre’s application states that the reply is ready; it will be filed after the concurrence of the competent authority.
On April 27, the court had directed the central government to file a reply within a week.
During the hearing on July 15, 2021, Chief Justice NV Ramana asked the central government whether there was a need for a law like sedition even after 75 years of independence. The Chief Justice had said that once the British power used this law to suppress the voice of freedom fighters like Mahatma Gandhi, Tilak. Is there a need for sedition law even after 75 years of independence?
During the hearing, the Chief Justice had said that the number of those convicted in sedition is very less. But if the police or the government wants, it can implicate anyone through this. All these need to be considered. The petition has been filed by retired Army Major General SG Bombatkare.
During the hearing, Attorney General KK Venugopal on behalf of the Central Government had said that the sedition law should not be withdrawn. Rather, if the court wants, it can issue new strict guidelines so that this law can be used only in the national interest.
It is worth mentioning that during the hearing of petitions filed by Manipur journalist Kishorechandra Wangkhemcha and Chhattisgarh journalist Kanhaiyalal Shukla against the sedition law on July 12th 2021, Attorney General KK Venugopal and Solicitor General Tushar Mehta sought time to file their replies.
Advocate Tanima Kishor, appearing for the petitioner, has said that Section 124A of the IPC violates Article 19 (Freedom of speech and expression) of the Constitution. This section is a violation of the right of all citizens to freedom of speech and expression.
It has been said in the petition that in the case of Kedarnath Singh vs State of Bihar in 1962, the Supreme Court may have upheld the validity of the law, but now after a lapse of sixty years, this law does not pass on the constitutional test today.
It has been said in the petition that India calls itself a democracy in the whole democratic world. Britain, Ireland, Australia, Canada, Ghana, Nigeria and Uganda have declared sedition undemocratic. The petition states that both the petitioners are vocal and responsible journalists. They raise questions on the respective state governments and the central government. FIRs have been registered against both of them under sections of sedition under section 124A for sharing cartoons on social media.
