Sedition colonial-era law, why not scrap it, says SC

Concerned over “enormous misuse” of the colonial era penal law on sedition, the Supreme Court on Thursday asked the Centre as to why it was not repealing the provision used by the British to “silence” people like Mahatma Gandhi to suppress freedom movement.

Agreeing to examine the pleas filed by Editors Guild of India and a former major general, challenging the constitutionality of section 124A (sedition) in the IPC, a bench headed by CJI NV Ramana said its main concern was the "misuse of law" and issued the notice to the Centre.

The non-bailable provision makes any speech or expression that “brings or attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards the Government established by law in India” a criminal offence punishable with a maximum sentence of life imprisonment.

“Mr Attorney (General). We want to ask some questions. This is the colonial era law and the same law was used by the British to suppress freedom movement. It was used by British to silence Mahatma Gandhi, Gokhale and others.

"Is it still necessary to keep this in statute even after 75 years of independence?”, asked the bench which also comprised justices AS Bopanna and Hrishikesh Roy.

Observing that the provision on sedition has been put to “enormous misuse”, it also referred to alarming misuse of Section 66A of the Information Technology Act even after the top court set it aside long back and observed: “It can be compared to a carpenter, asked to cut a wood, cut the entire forest.” “A factionist can invoke these types of (penal) provisions to implicate the other group of people,” the CJI said, adding that if a particular party or people do not want to hear a voice, they will use this law to implicate others.

The bench wondered at the continuance of the sedition law in statute book for last 75 years and said: “We do not know why the government is not taking a decision. Your government has been getting rid of stale laws."

The bench said that it was not blaming any state or government, but unfortunately, the executing agency misuses these laws and “there is no accountability”.

In a hearing, conducted through video-conferencing, the bench said that if a police officer in a remote village wanted to fix a person then he can easily do so by using such provisions.

Moreover, said the bench, there was very low percentage of convictions in sedition cases and these are the issues which are needed to be decided.

Attorney General KK Venugopal, who was asked to assist the bench in dealing with the case, defended the provision and said it be allowed to remain in the statute book and the court may laid down guidelines to curb the misuse.