oppn parties Supreme Court Must Scrap Section 124A

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  • TMC and SP stayed away from the INDIA bloc protest over the Adani issue in the Lok Sabha
  • Delhi HC stops the police from arresting Nadeem Khan over a viral video which the police claimed promoted 'enmity'. Court says 'India's harmony not so fragile'
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  • Asian junior hockey: Defending champions India enter the finals by beating Malaysia 3-1, to play Pakistan for the title
  • Chess World title match: Ding Liren salvages a sraw in the 7th game which he almost lost
  • Experts speculate whether Ding Liren wants the world title match against D Gukesh to go into tie-break after he let off Gukesh easily in the 5th game
  • Tata Memorial Hospital and AIIMS have severely criticized former cricketer and Congress leader Navjot Singh Sidhu for claiming that his wife fought back cancer with home remedies like haldi, garlic and neem. The hospitals warned the public for not going for such unproven remedies and not delaying treatment as it could prove fatal
  • 3 persons died and scores of policemen wer injured when a survey of a mosque in Sambhal near Bareilly in UP turned violent
  • Bangladesh to review power pacts with Indian companies, including those of the Adani group
D Gukesh is the new chess world champion at 18, the first teen to wear the crown. Capitalizes on an error by Ding Liren to snatch the crown by winning the final game g
oppn parties
Supreme Court Must Scrap Section 124A

By Our Editorial Team
First publised on 2022-04-28 14:24:11

About the Author

Sunil Garodia The India Commentary view

The case to decide the constitutional validity of Section 124A (commonly known as the sedition law) is being heard for long and the Supreme Court rightly put its foot down on Wednesday when it informed the government that it would not give any more time and will pronounce its judgment after a final hearing on May 5. This is good as the Centre seems to have nothing substantive to add to what it has already submitted in court regarding the section otherwise it would have done so by now.

Back in July last year, during one of the hearings in the case, the Centre had submitted that the apex court may issue "mitigating guidelines" for the proper use of the section. But the apex court had already done that, in a way, in the Kedar Nath judgment in 1962. It had then said that an "intention" and "tendency" to cause public disorder and endanger state security must exist for the section to apply.

But since then, the misuse of the section has increased manifold. It is being used to crush freedom of speech just because what is being spoken or written is not music to the ears of the ruling dispensation. The very existence of the section in the statute books makes it a potent weapon for use against dissenters and the government becomes the sole authority to decide what constitutes sedition, now even on the complaint of a private citizen. The section uses terms which are not clearly defined, are open to misuse and are being misused. The offence is cognizable and non-bailable.

It is clear that no purpose will be served if the Supreme Court issues "mitigating guidelines". The section will be continued to be misused even after that as it has been misused after the Kedar Nath judgment. A law introduced by a subjugator (the British Empire) to quell dissent and jail freedom fighters has no place in modern India and the Supreme Court must strike it down.