Sedition charges can’t be slapped for criticising government, clarifies Supreme Court

The Supreme Court has clarified that sedition charges cannot be brought against a person merely for raising a voice against the government or its policies. The clarification became necessary in view of the controversy generated after sedition charges were recently slapped in a number of cases, sparking demands for the law to be scrapped.

Important observations made by the court:

• The authorities, while dealing with offences under Section 124A of the Indian Penal Code, shall be guided by the principles laid down by the Constitution Bench in Kedar Nath Singh vs State of Bihar.
• The guidelines framed by the Constitution Bench then are good enough in the present circumstances.

Background:

The court had clarified in its 1962 verdict that a “citizen has a right to say or write whatever he likes about the government, or its measures, by way of criticism or comment, so long as he does not incite people to violence against the government established by law or with the intention of creating public disorder”.

• The court had clarified that comments, however strongly worded, expressing disapproval of government actions, without exciting those feelings which generate the inclination to cause public disorder by acts of violence was not sedition.

The court had pointed out two essential ingredients required to establish the crime of sedition:

• The acts must be intended to have the “effect of subverting the government” by violent means.
• The acts must be intended to create disorder or disturbance of public peace and order by resort to violence and must incite violence.

Petitioner’s arguments:

Seeking the court’s intervention to stop misuse of IPC Section 124A, petitioner contended that it was high time the court examined the issue as the law was misused despite the apex court’s order.

• Also, the law has not been amended after the Kedar Nath Singh judgment by the apex court and many police personnel are not aware of this judgment.
• Referring to an NCRB report, the plea said 47 cases of sedition were filed in 2014 alone and 58 people arrested in connection with these cases.

The bench, however, was not convinced and refused to pass any direction.