16 July, 2021

Supreme Court to Central Government, why not abolish the sedition law used against Gandhi

Expressing concern over the misuse of IPC Section 124A (sedition) and the lack of accountability of the executive on it, the Supreme Court asked the central government whether this law was needed even after 75 years of independence. The court said that questions are being raised about this law. This law dates back to British times. They used it to suppress the freedom movement. He used it to silence Mahatma Gandhi. It is needed even after so many years of independence. The government has repealed many old laws but did not pay heed to it. It is misused a lot. These laws are a big threat to people and institutions. The court has issued a notice to the central government, making up its mind to consider the sedition law. However, no last date has been given for reply.

Expressing concern over the misuse of the law, these sharp remarks were made by a three-member bench headed by Chief Justice NV Ramana while hearing a petition questioning the sedition law. The court issued notice to the central government and ordered to attach the already pending petitions on the same issue for hearing along with it.

The present petition has been filed by Major General (Retired) SG Wombatkere. The petition has sought repeal of the sedition law. A petition has also been filed by the Editors Guild. On Thursday, advocate Shyam Divan, referring to the petition of the Editors Guild, said that in it there is a demand to quash the law and issue guidelines. There should be a hearing on that too. On Wednesday, the court had asked Attorney General KK Venugopal to assist the court in hearing the petition of the retired army officer.

Three petitions against the law

On Thursday, Attorney General KK Venugopal told the court that two other similar petitions are also pending which are being heard by other benches. In those cases, the court has directed to file the reply. On Venugopal's contention, the Chief Justice said that he is aware of this and will see whether the cases can be taken up for hearing together or what else can happen. The army officer's lawyer said his plea was different from the rest. This too should be heard.

Justice Ramana said that if history is seen, the conviction rate in this law is very low. But it is being used as if a carpenter is given a saw to cut a piece of wood and he cuts the entire forest. Giving the example of section 66A of the IT Act, the court said that even after the repeal of that law, thousands of cases were registered in it.

‘Our concern about abuse’

The bench said that if the police wants to implicate someone, then section 124A is also imposed. Whoever gets this current gets scared. These issues need to be considered. Our concern is about the misuse of the law and no accountability of the executive. The bench said that it will hear all the matters together.

Trick to trap people

On the remarks of the bench, KK Venugopal said that there is no need to repeal the law. Setting strict guidelines can also serve the purpose. The bench said that one group can use this law to implicate the people of another group. This is a danger to the people. Describing the petition as authentic and genuine to the petitioner, the bench said that he has dedicated his entire life in the service of the country. We cannot say that this is a motivated petition.

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