The Supreme Court on Thursday issued a notice to the Centre on pleas challenging the constitutional validity of the ‘colonial-era’ sedition law.
The Chief Justice of India asked if the “law which was used by the British to silence Mahatma Gandhi was still needed after 75 years of Independence” as the Supreme Court took up a fresh plea challenging the constitutional validity of the sedition law.
“This was the law used by the Britishers to silence Mahatma Gandhi. Do you think this law is still necessary?” asked Chief Justice of India N V Ramana.
Saying that there is a serious threat of misuse of sedition law, the CJI-led bench added, “The enormous power of misuse of this section [124-A] it’s like giving a carpenter a saw…he cuts down the forest. That’s the power of misuse of this law.”
The Supreme Court also raised concern that there was no accountability. “And there is no accountability. Once you see Section 124-A in FIR, everyone gets scared,” the SC noted.
“Our concern is the misuse of this law and the accountability of agencies in using it. There is a serious threat of misuse,” the court added.
THE PLEA
A former army officer has challenged the Constitutional validity of the sedition law on the grounds that it causes “chilling effect” on speech and is an unreasonable restriction on free expression, a fundamental right.
The plea, filed by Major-General S G Vombatkere (Retd) submitted that Section 124-A of the Indian Penal Code, which deals with the offence of sedition, is wholly unconstitutional and should be “unequivocally and unambiguously struck down”.
“The 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 states there is a 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 of the SC had sought response from the Centre on a plea challenging the Constitutional validity of sedition law, filed by two journalists.
This story first appeared on indiatoday.in
