The Court is seized of a batch petitions challenging the constitutionality of Section 124A.
The Supreme Court had, while issuing notice in the matter in July 2021, questioned the Central government on whether the law was needed 75 years after independence.
The Court had highlighted that provision was used by the British to quell the voice of Indian freedom fighters like Mahatma Gandhi and Bal Gangadhar Tilak before the country gained independence.
It is now being misused when someone does not like the views of another person and there is no accountability from the executive, CJI Ramana had observed.
“Dispute is it is a colonial law and was used by British and suppress freedoms and used against Mahatma Gandhi Bal Gangadhar Tilak. Is this law still needed after 75 years of independence? Our concern is misuse of the law and no accountability of the executive,” CJI Ramana had said.
The challenge to the provision came about after two journalists, Kishorechandra Wangkhemcha and Kanhaiya Lal Shukla were charged with sedition in April last year for posts and cartoons published on social media platforms.
They then moved the Supreme Court challenging the provision on the ground that it infringes upon an individual’s right to freedom of speech and expression guaranteed by Article 19(1)(a).
Source: Barandbench
