2 May 2022

Sedition: Central government seeks more time to file a response to Section 124A challenge in Supreme Court

The central government has applied to the Supreme Court to extend the deadline for filing a response to a plea claiming Section 124A of the Indian Criminal Code (IPC), which criminalizes hate speech.

The government told; the Supreme Court that the draft response was ready, but awaiting confirmation from the competent authorities. Last week, on April 27, the Bench, led by Chief Justice of India NV Ramana (including Judges Slyakant and Himacoli), ordered the government to submit a response by April 30.

The bank also ordered; the case to be listed for final disposal on May 5, clarifying that; no postponement would be granted.  The court is hearing a number of petitions that challenge the constitutionality of Section 124A.

 When the Supreme Court in July 2021 issued a notice on this matter, it asked; the central government if a law needed 75 years after independence.  Before India attained independence, the British utilized that clause to silence Indian freedom leaders like Mahatma Gandhi and Bal Gangadhar Tilak, according to the Court. CJI Ramana is currently being abused;  when someone dislikes the; opinions of others and is not accountable on the part of the government.

“It challenged that it; a colonial law used by the United Kingdom to suppress freedom and to Mahatma Gandhi Bal Gangadhar Tilak. This law was 75 years of independence. Do you still need it? Our concerns are the abuse of the law and the lack of accountability of the government, “said CJI Ramana.

The challenge to; this provision comes after two journalists, Kishorechandra Wangkhemcha and Kanhaiya Lal Shukla, charged in April last year;  with incitement to posts and comics published on social media platforms.

They urged the Supreme Court to challenge this; provision on the grounds that; they violated one’s right to freedom of speech guaranteed in Article 19 (1) (a), and  SG Vombatkere 1962 Kedarnath Singhv Supreme Court ruling in the Indian Union. It turns out that; the law criminalizes the expression, based on unconstitutionally vague definitions; such as “dissatisfaction with the government.” “This is an unreasonable limitation of the fundamental right to freedom of expression guaranteed; by Article 19 (1) (a), which causes a constitutionally unacceptable” chilling effect “on speech.”

One of the Foundation’s intervention movements of media experts states that; the Sedition Act is a colonial order; designed to “shatter the independence movement. “The history of the legislation against sedition demonstrates; the British desire to assure total allegiance and cooperation of Indian subjects not only in action but also in mind. It’s worth noting, however, that; Indian courts have overwhelmingly opposed treating every disagreeable comment as ‘actionable,’ promoting the media’s cause “According to the plea,

Read more news and blogs@advocatetanwar.com

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.

Disclaimer

The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.