Justice Nariman urges Supreme Court to Strike down Sedition Law

Chaini Parwani –

Published On: October 11, 2021 at 08:45 IST

Retired Supreme Court Judge Rohinton Nariman on Sunday pleaded the Supreme Court to abolish the offensive portions of the Unlawful Activities (Prevention) Act, 1967 (UAPA) and Section 124A of the Indian Penal Code that criminalises Sedition. 

Further Judge Nariman stated that “The court should not leave it to the Government to remove the offending laws and instead use its judicial power to do so.”

The Supreme Court, in July last year, had noted that the Sedition Law was being extensively wasted and wondered if the colonial-era Law was at all necessary now. 

Furthermore, Justice Nariman stated, “I would exhort the Supreme Court to not send sedition law cases pending before it back to the Centre. Governments will come and go (but) it is important for the court to use its power and strike down Section 124A and the offensive portion of UAPA. Then citizens here would breathe more freely.”

Justice Nariman while speaking at a function organised by the Viswanath Pasayat Memorial Committee, observed that Sedition was part of the first draft but not in the final version of the Indian Penal Code drafted by Lord Thomas Babington Macaulay. It came into force in 1862.

Adding to it Judge Nariman stated that while re-drafting the section was left out by oversight and that the wordings were also unclear.

Judge Nariman observed that UAPA, too, is draconian and stated that there were China and Pakistan wars, consequently, draconian legislation was introduced.

Further Justice Nariman stated that the Unlawful Activities (Prevention) Act (UAPA) has no Anticipatory Bail and has a minimum of five years’ imprisonment and that the Act is not under observation yet.

Also Read: Supreme Court dismisses Plea challenging validity of Sedition law under Section 124A IPC

What is Sedition Law?

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