Kanhaiya Kumar, the President of the JNU Students Union, has at last been released on an interim bail by the Delhi HC. He was arrested by the police on severe charges of sedition law, for protesting, on the third anniversary of the Parliament attacker, Afzal Guru’s hanging and also for shouting slogans, insulting Mother India.
The sedition charges, leveled against the JNU students and their leader Kumar, are wrong, because, they are undeserved ones. Secondly, there is no evidence to show that Kumar has participated in the unruly procession. As such, the sedition law goes against the spirit and principles of the democracy, for wrongly leveling charges against anybody and such offences are non-bailable and tried by sessions court, says Dr Mani.
The fact is that shouting slogans like Pakistan Zindabad, would not attract Section 124A (Sedition) and according to the Honorable SC, even more criticism of the government, one cannot be arrested under this strict law. Besides the SC, also limited the application of the sedition Section 124A to acts, involving intention to create disturbances of law and order and violence, says Prof. Menon.
The two highly famed authors, viz: Profs. Shivnath and Sivach, said in their books that no Fundamental Right is absolute and Freedom of Speech and expression guaranteed by Article 19 (1) (a), can be reasonably restricted, on the grounds specified by Article 19 (2) of the constitution.
This is to take as suggestive meaning, when the debates in constituent assembly were going on, our great founding fathers, had bitter views, for application of sedition law, by British colonial regime. Hence, they rejected this sedition law, on the grounds of restriction, under Article 19 (2), on freedom of speech and expression.
However, this sedition remains in IPC, as a criminal offence, that provides for a punishment of life imprisonment and fine upon conviction. But, Section 124A was challenged in the Supreme Court, as this is violative of Fundamental rights of Free speech, guaranteed by Article 19 (1) (a) of the constitution. The Chief Justice Lawyer of Federal Court of British ruled that ‘sedition law is not to be invoked to minister, to the wounded vanity of government’. But the Privy Council did not approve this verdict.
Hence, now it can be noticed that the (sedition) – Section 124A, slapped against the JNU students and their leader Kumar is most unfair and this brought a shock to the nation. This sedition law was incorporated in 1870, to suppress the political dissenters. According to the words that leading to hatred towards the government, would be punishable, even with life imprisonment.
Salutary court judgments on Sedition Law: Allahabad HC in 1959 ruled that Section 124A of IPC, as ultra vires, to article 19 (1) (a) (Fundamental right to freedom of speech and expression of the constitution) of the constitution, (Justices Beg and Singh).
In the Devidas Tulzapur case, (of 2015) the SC held that freedom of speech and expression has to be given a broad canvas, but the same is also subject to existing limitation, within constitutional parameters (Justices Desai and Lalit).
