LI Network
Published on: December 20, 2023 at 15:40 IST
A man has approached the Punjab & Haryana High Court, contesting a Sessions Court’s decision to frame sedition charges under Section 124A IPC against him.
The charges stem from allegations that he used ‘filthy language’ against India and raised the slogan ‘Pakistan Zindabad.’ Irshad, a laborer, was arrested by Haryana Police for purportedly creating “animosity among several groups” after a video of the incident went viral.
The prosecution asserts that Irshad made a confessional statement during which he allegedly expressed dissatisfaction with cricketer KL Rahul’s performance in an India-Pakistan match, attributing India’s loss to Rahul’s subpar play.
In October 2023, after examining the police report, the Sessions Court in Nuh (Haryana) concluded that while a prima facie case for certain offenses was not established, a case under Section 124-A of IPC, pertaining to sedition, was made out. The court decided to frame charges accordingly.
The matter was brought before the Punjab & Haryana High Court, where Justice N.S. Shekhawat deferred the hearing on the revision petition challenging the sedition charge. The court will revisit the issue on January 10, 2024.
It is noteworthy that the Supreme Court, in May 2022, ordered the effective suspension of the 152-year-old sedition law (Section 124A IPC) until the Union Government reconsiders the provision.
The Court urged the Center and State governments to abstain from registering FIRs under the said provision during the re-examination period.
The Court also allowed individuals already booked under Section 124A IPC to seek bail and suggested that parties could approach courts for relief in fresh cases.
In a parallel development, Pakistan’s Lahore High Court invalidated Section 124A of the Pakistan Penal Code, terming it inconsistent with the country’s Constitution.
The Court highlighted the need to distinguish loyalty to the state from loyalty to the Federal Government and drew parallels with the Supreme Court of India’s decision to suspend India’s sedition law.
Case Title: Irshad @ Saddam v. State of Haryana
