New Delhi: Former union minister Arun Shourie on Thursday moved to the Supreme Court challenging the constitutional validity of section 124(A) of the Indian Penal Code (IPC) that deals with sedition. He termed the charge as a violation of fundamental rights under Article 14 and 19(1)(a) of the constitution.
"Sedition is a colonial law which was used expressly to suppress dissent by the British in India. After India became a democracy, this law was challenged as being violative of the fundamental right to freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution of India in Kedar Nath Singh v/s State of Bihar, 1962 Supl (2) SCR 769," read Shourie's plea filed by Advocate Prashant Bhushan.
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Shourie said that the principles enunciated in Kedar Nath are unknown to most citizens and the police and therefore it is highly abused against people exercising the freedom of speech and expression.
The Chief Justice of India NV Ramana-led bench is already seized of the matter challenging sedition and had observed on Thursday that it is a colonial law and was used to suppress freedom fighters like Mahatma Gandhi and Bal Gangadhar Tilak. It had asked the Centre if it was still needed after 75 years of Independence.
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"The government has repealed several laws now. I do not know why you are not looking into this," CJI had said to Attorney-General for India KK Venugopal whose assistance is sought by the judges in the matter. Court has issued notice to the Centre on this matter.
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