Is Colonial Sedition Law Needed After 75 years of Independence: SC Asks Centre

Mumbai: The Supreme Court issued notice to the Centre in a plea challenging the constitutional validity of the sedition law and asked, “Is this law still needed after 75 years of independence?”

Hearing a batch of petitions challenging the constitutional validity of the sedition law, the court told the government that the colonial law was largely used against freedom fighters.

“Sedition law is a colonial law and it was used by the British to suppress further independence. It was used against Mahatma Gandhi, Bal Gangadhar Tilak. Is this law still needed after 75 years of independence?” The Supreme Court has sought a response from the Center on petitions challenging the constitutional validity of the penal law on sedition.

A Supreme Court bench headed by Chief Justice NV Ramana said, “Our concern is about the misuse of the law.” He said, “There is no accountability of the executive agencies. I will look into it.”

“It is like you give a saw to a carpenter, he will cut the entire forest. This is the impact of this law,” the Chief Justice noted.

Responding on behalf of the Centre, the Attorney General defended the validity of the provision but said that certain guidelines may be laid down to prevent misuse of the sedition law.

One of these petitions was filed by the Editors Guild of India.

The latest petition was filed by former Army officer Major-General SG Vombatkere (Retd), who had contended that Section 124 A (sedition) of the Indian Penal Code causes a “chilling effect” on speech. He further said that the provision imposes an unreasonable restriction on free expression, which is a fundamental right.

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