Cannot invoke Sedition for criticising govt, observes SC

RSTV Bureau
File Photo: File photo of Supreme Court of India. Photo - PTI

File Photo: File photo of Supreme Court of India.
Photo – PTI

The Supreme Court in a clear message said that sedition or defamation cases cannot be slapped on anyone criticising the government. The observation came on Monday during the hearing on a PIL filed by an NGO, arguing that sedition was a serious offence and the law on it was being grossly misused for stifling dissent.

“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 UU Lalit said while refraining from saying anything further on the issue.

Arguing the case for the NGO, advocate Prashant Bhushan 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, 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.

FILE: New Delhi: File photo of JNU teachers & students form a human chain inside the campus in protest against arrest of JNUSU President Kanhaiya Kumar, in New Delhi on Sunday, Feb 14, 2016. Photo - PTI

FILE: New Delhi: File photo of JNU teachers & students form a human chain inside the campus in protest against arrest of JNUSU President Kanhaiya Kumar, in New Delhi on Sunday, Feb 14, 2016.
Photo – PTI

“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.

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”.

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 SAR Geelani.

The plea had 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.

(With inputs from the PTI)