Queency Jain-
While the Supreme Court issued notice to Attorney General KK Venugopal on a petition challenging the constitutional validity of Sedition under Section 124A of the Indian Penal Code, the Court adjourned the matter to 27 July after Venugopal and Solicitor General Tushar Mehta requested for 2 weeks’ time to file their responses.
The matter came into the Court after two journalists; each from Manipur and Chhattisgarh filed the petition and challenged the constitutional validity of the Sedition law.
The petitioners argued that Section 124A of the Indian Penal Code violates the fundamental right of freedom of speech and expression under Article 19 (1) (a) of the Constitution of India wherein the restrictions imposed under the section does not come under the ambit of reasonable restrictions.
Citing the case of Kedar Nath Singh v. State of Bihar of 1962, the petitioners contended that the Court might have been correct in its finding at that time but the law surely does not pass the constitutional tests as of now.
The 3 reasons stated by the petitioners are, firstly India is bound by the International Covenant on Civil and Political Rights that protects freedom of speech and expression; secondly, the misapplication and misuse of the sedition law points out the vagueness and uncertainty of the law and thirdly, since India calls itself to be a democratic country but the offence of sedition has been condemned as undemocratic, undesirable and unnecessary all over the world.
In conclusion, it was argued that the vagueness of Section 124A puts a bar on the people to exercise their legitimate democratic rights and freedoms for fear of life imprisonment.
The matter is listed for further hearing on 27 July.
Also read: Gauhati High Court Grants Bail to Women booked under Sedition Law
