Supreme Court To Examine Constitutional Validity Of Offence Of Sedition Under Section 124A IPC

first_imgTop StoriesSupreme Court To Examine Constitutional Validity Of Offence Of Sedition Under Section 124A IPC Srishti Ojha30 April 2021 5:38 AMShare This – xThe Supreme Court on Friday issued notice in a plea challenging the constitutional validity of the provision of the Indian Penal Code that penalises the law of sedition. A three-judge Bench of Justice UU Lalit, Justice Indira Banerjee and Justice KM Joseph were hearing a plea filed by challenging section 124-A of the Indian Penal Code, 1860, which penalises the crime of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court on Friday issued notice in a plea challenging the constitutional validity of the provision of the Indian Penal Code that penalises the law of sedition. A three-judge Bench of Justice UU Lalit, Justice Indira Banerjee and Justice KM Joseph were hearing a plea filed by challenging section 124-A of the Indian Penal Code, 1860, which penalises the crime of “sedition”. The petitioner has prayed that Section 124-A be declared unconstitutional and void and be struck out of the Indian Penal Code. The plea has been filed by two journalists working in the states of Manipur and Chhattisgarh. According to them, they have been raising questions against their respective state governments and Central Government, and have been charged with sedition under section 124A of IPC in various FIRs for comments and cartoons shared by them on the social networking website Facebook. The petition has been filed by Advocate Tanima Kishore and drawn by Advocate Siddharth Seem on behalf of the petitioner journalists Kishorechandra Wangkhemcha and Kanhaiya Lal Shukla, The plea, has argued that the section infringes the fundamental right under Article 19(1)(a) of the Constitution of India which guarantees that “all citizens shall have the right to freedom of speech and expression”. The restriction imposed by the section is an unreasonable one, and therefore does not constitute a permissible restriction in terms of Article 19(2) of the Constitution. While citing the Supreme Court’s decision to uphold the validity of the law in 1962 in the case of Kedar Nath Singh v. State of Bihar, the Petitioner has argued that the Court may have been correct in its finding nearly sixty years ago, but the law no longer passes constitutional muster today. According to the petitioner, there are alternative legislation which have been enacted over the years, including Unlawful Activities Act, the Public Safety Act and the National Security Act. whose provisions deal directly with the overt conduct that sedition seeks to make penal – inciting violence and public disorder. Therefore the need to employ Section 124-A to deal with public disorder and violence is eliminated by these legislations, and there exists no urgency justifying the employment of the section. The petitioners have pointed out three circumstances to be considered with regards to the law of sedition. India has obligations under International Law, as its bound by the International Covenant on Civil and Political Rights that protects the freedom of expression as a right of all individuals Section 124-A is a restriction of freedom of expression. There is frequent phenomenon of misuse, misapplication and abuse of Section 124-A since 1962. The abuse of a law, in itself, may not bear on the validity of the law but clearly points to the vagueness and uncertainty of the current law. The sections of sedition have been repealed in comparative pot-colonial democratic jurisdictions around the world. While India calls itself a ‘democracy’, throughout the democratic world the offence of sedition has been condemned as undemocratic, undesirable and unnecessary. The petitioners have also argued that the vagueness of Section 124-A exerts an unacceptable chilling effect on the democratic freedoms of individuals who cannot enjoy there legitimate democratic rights and freedoms for fear of life imprisonment.Click here to Read/Download OrderClick here to download the PetitionNext Storylast_img read more


Sights set on Great Portland

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Real Madrid confirm Solari as coach until June 2021

first_imgMadrid: Real Madrid confirmed Santiago Solari as their new permanent first team coach until the end of June 2021 following a successful fortnight in charge since replacing the sacked Julen Lopetegui on October 29.The 42-year-old Solari was promoted from the Real Madrid B-team (Real Madrid Castilla) on an interim basis and his four games in charge have led to four wins with 15 goals in favour and just two against, which is the best start any Real Madrid coach has ever enjoyed in the club’s 116 year history, reports Xinhua news agency.Spanish rules state a coach can only be in charge of a club on an interim basis for two weeks, so this Monday Real Madrid President Florentino Perez had to decide whether to confirm the Argentinean as coach on a permanent basis or to return him to Castilla. It had been reported in the Spanish press that Solari would be offered a deal until the end of June 2020, but finally the club has given him a contract for two and a half years as a sign of their confidence in him.A former Real Madrid player, Solari scored 10 goals in 131 league appearances for the club between 2000 and 2005 and after hanging up his boots, he returned to work in the Real Madrid youth system in 2013, being made Castilla coach in 2016.His numbers in just over two seasons with Castilla are decent but not spectacular, with 32 wins from 86 matches in charge with a team with the biggest budget in their league.There was even speculation he could be replaced last season as the side failed to make the playoffs from the Segunda B (third tier of the Spanish game) to the second division (Liga 123), but he retained his position for the current season and the team was just outside of the playoffs when he was called on to replace Lopetegui.A very amiable person, Solari is seen as a man who will be able to repeat the good relationship Zinedine Zidane enjoyed with the heavyweights in the Madrid dressing room, while also promoting young players he has worked with in Castilla.His next game in charge will be the always difficult trip to face Eibar on November 24. (IANS) Also Read: Sports Newslast_img read more