Supreme Court: Strong Criticism Against The Government Is Not Defamatory Or Seditious

The Logical Indian

September 6th, 2016 / 12:01 PM

Source: The Hindu | Image Courtesy: aqusagtechnologi | topnews | ndtvimg

The Supreme Court on Monday asserted that sedition or defamation case cannot be slapped on anyone criticising the government. It asked authorities, including police and trial judges to follow its Constitution Bench ruling which stated that only incitement to violence and public disorder can be considered as sedition.

“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 U.U. Lalit said.

The observation came as advocate Prashant Bhushan, appearing for NGO Common Cause, said sedition was a serious offence and the law on it was being grossly misused for stifling dissent.

Bhushan took up the references of sedition charges being slapped on agitators protesting against Kudankulam Nuclear Power Project and cartoonist Aseem Trivedi, among others. He also mentioned that students, teacher and social right activists are also being slapped with whimsical sedition cases.

“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.

With reference to National Crime Records Bureau, the PIL had pointed out that 47 cases of sedition were filed in 2014 with 58 persons being arrested in connection with these cases. The petition further said cases had been lodged against writer Arundhati Roy, cartoonist Aseem Trivedi, civil rights activist Binayak Sen, 67 Kashmiri students in Uttar Pradesh, actor Aamir Khan, Tamil folk singer S Kovan and JNU students’ union president Kanhaiya Kumar to “threaten” them.


Contributors

Edited by :

Share your thoughts..

Related Stories

Railway Ministry Action

Railway Ministry To Take Action Against Official For His “Defamatory Article” On Piyush Goyal & Other Board Members

Net Neutrality

Thanks To Online Outrage, India Approves Strong Net Neutrality Rules – No To Data Discrimination

Delhi: Strong Wind Made Metro Wall Collapse On Moving Train, No Injuries Reported

Bihar Eight Arrested

Bihar: Eight Arrested Including Children As Young As 10 For Dancing On A ‘Seditious’ Song

Karnataka Government Formation: Supreme Court Orders Floor Test Tomorrow At 4 PM

100 SC Lawyers & Former CJIs Protest Against Centre’s Decision To Not Elevate Justice KM Joseph To Supreme Court

Latest on The Logical Indian

News

Plastic Ban: A Patchwork Of Good Intentions And Half-Hearted Implementation

Exclusive

Suspended Civil Servant Files Complaint After Twitter Trolls Issue Rape Threats To Wife

News

After India Bans PSL, Pakistan Stops Broadcast Of IPL Across Nation

News

Citing Increase In Drunk Driving Cases, Mizoram To Become Dry State From April 1

News

WB: Hunger Strike By School Service Commission Aspirants Enters 4th Week; Several Admitted To Hospital After Falling Sick

Legal

“It Is Cold-Blooded Murder,” Says Father Of J&K Principal Who Was “Killed” In Police Custody

x

Stories that deserve attention, delivered to your inbox!

Handpicked, newsworthy stories which deserve the attention of a rational generation.