Explained: Delhi's Lieutenant Governor Vinai Kumar Saxena sanctioned author Arundhati Roy and former professor Sheikh Showkat Hussain's persecution under the UAPA for a complaint dating back 14 years
According to his grounds, he has been in custody since the last four years and it is more than half of the maximum sentence
As many as 701 cases of sedition and offences against the State were registered from 2018 to 2022 and 5,023 cases were lodged under the anti-terror law Unlawful Activities (Prevention) Act, Union Minister Nityanand Rai said in Lok Sabha on Tuesday. Rai, however, said the number of cases registered under the sedition and offences against the State came down from 149 in 2021 to 68 in 2022. Similarly, in cases registered under the UAPA, the number has gone up from 814 in 2021 to 1005 in 2022, he said in a written reply to a question. The minister said during this period, 788 people were arrested and charge sheet was filed against 500 in sedition and offences against state cases. A total of 131 people were acquitted too. He said under the UAPA, 8,947 people were arrested and 6,503 people named in charge sheets. A total of 550 people were acquitted too.
The Supreme Court on Wednesday said it will hear in January a batch of pleas challenging the constitutional validity of the IPC provision on sedition, months after the Centre introduced in Parliament bills to replace the colonial-era penal statutes, proposing among other things the repeal of the sedition law. Chief Justice D Y Chandrachud said he would constitute an appropriate bench to hear the matter. It appointed advocates Prasanna S and Pooja Dhar as nodal counsel to facilitate the compilation of case laws and other statutory material before the hearing. The apex court had earlier declined to accept the Centre's fervent request that reference of the petitions to a larger bench be deferred as Parliament is in the process of "re-enacting" the provisions of the Indian Penal Code (IPC) and a bill has been placed before a standing committee. The court had said assuming that the bill, which proposes among other things the repeal of the sedition law and introduction of a new provision
The Supreme Court on Tuesday referred to a Constitution bench of at least five judges a batch of pleas challenging the constitutional validity of the colonial-era provision of sedition under the Indian Penal Code (IPC). A bench headed by Chief Justice D Y Chandrachud declined the request of the Centre to defer the reference to a larger bench as Parliament is in the process of re-enacting the provisions of the penal code. The bench, also comprising Justices J B Pardiwala and Manoj Misra, directed the apex court registry to place the papers before the CJI so that appropriate decision can be taken on the administrative side for constitution of a bench of "strength of at least five judges". The apex court had on May 1 deferred the hearing on these pleas after the Centre had said it was at an advanced stage of consultation on re-examining the penal provision. On August 11, in a landmark move to overhaul colonial-era criminal laws, the Centre had introduced in the Lok Sabha three bills t
The Supreme Court is scheduled to hear on September 12 a batch of petitions challenging the constitutional validity of colonial-era provision of sedition under the Indian Penal Code (IPC). These pleas had come up on May 1 before the apex court which had deferred the hearing after the Centre said it was at an advanced stage of consultation on re-examining the penal provision. On August 11, in a landmark move to overhaul colonial-era criminal laws, the Centre had introduced in the Lok Sabha three bills to replace the IPC, CrPC and the Indian Evidence Act, proposing among other things the repeal of sedition law and introducing a new provision with a wider definition of the offence. As per the cause list of September 12 uploaded on the apex court website, the pleas challenging the validity of section 124A (sedition) of the IPC would come up for hearing before a bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra. While hearing these petitions on May 1, the
If the Opposition wants to offer a different approach to political and economic issues, could it spell out the action it would take on the Bills that were passed despite its opposition, asks T N Ninan
Shah also said that the provision of capital punishment will also be introduced in mob lynching cases
'The law being a colonial legacy is not valid ground for its repeal'
Amid a clamour for repeal of the law on sedition, Law Commission chairman Justice Ritu Raj Awasthi on Tuesday said the present situation from Kashmir to Kerala and Punjab to the North-East makes it must to retain the law to safeguard the "unity and integrity of India". Defending the panel's recommendation to retain the law, which is at present under abeyance following directions of the Supreme Court issued in May last year, he said enough safeguards have been proposed to prevent its misuse. In an exclusive interview, he told PTI that special laws such as the Unlawful Activities (Prevention) Act and the National Security Act operate in different fields and do not cover the offence of sedition and therefore, the specific law on sedition needed to be there too. Justice Awasthi asserted that while considering the usage of the law on sedition the panel found that "the present situation right from Kashmir to Kerala and Punjab to the North-East is such that the law on sedition is necessary
The 279th report of the Law Commission of India recommending the retention of the sedition law
With the law commission backing the sedition law, senior Congress leader P Chidambaram on Saturday said the panel's recommendation is a case of the "doctor prescribing a cure that is worse than the disease". The former home minister said a draconian law in the statute book is an invitation to the rulers to misuse it and this hypothesis has been proved many times over. Chidambaram's assertion comes after the law commission backed the penal provision for the offence of sedition, saying repealing it altogether can have serious adverse ramifications for the country's security and integrity. The commission has recommended enhancing the jail term in sedition cases from a minimum of three years to seven years, contending that it would allow the courts greater room to award punishment in accordance with the scale and gravity of the act committed. In a tweet, Chidambaram said the recommendation of the Law Commission that examined the validity and relevance of section 124A (sedition) of the
Rajya Sabha MP and former law minister Kapil Sibal on Friday said the Law Commission's recommendations backing the sedition law are contrary to the ethos and the very foundations of the republic. The commission has proposed retaining the penal provision for the offence of sedition, saying repealing it altogether can have serious adverse ramifications for the security and integrity of the country. Addressing a press conference, Sibal said, "I am disturbed at these recommendations. These recommendations themselves are contrary to the ethos of the republic. They are contrary to the essence of the very republic, they are contrary to the very foundations of the republic." "They have given the status of the government as if the government is the state. Government is installed through the will of the people; it does not represent the state. It works for the state. This is a law that is conceptually flawed," the senior advocate said. After 2014, there have been more than 10,000 cases of ..
With the law commission backing the sedition law, the Congress on Friday accused the BJP government of planning to make it more "draconian" and giving a message ahead of the general elections that it will be used against opposition leaders. Alleging that the BJP uses the sedition law as a tool of "subversing, subjugating, and silencing dissent", the opposition party also asked why the government has not yet had the courage to do away with the law despite the apex court rendering it inoperative and making strong observations in that regard. Addressing a press conference at the AICC headquarters here, Congress spokesperson Abhishek Singhvi said, "A message of colonial mindset has been given that there will be a distance between the ruler and the ruled and through this law, the foundations of the republic will be uprooted. A message has been given ahead of the general election that we will use this in a one-sided manner particularly against opposition leaders." The Congress' attack com
The Law Commission of India has recommended enhancing the jail term in sedition cases from a minimum of three years to seven years, contending that it would allow courts greater room to award punishment in accordance with the scale and gravity of the act committed. In a report on the 'Usage of the Law of Sedition', the Commission said its earlier report had termed the punishment for Section 124A (law of sedition) of the Indian Penal Code (IPC) "very odd" as it has provisions for either life imprisonment or a three-year jail term, but nothing in between. The minimum punishment under the sedition law is paying fine. "A comparison of the sentences as provided for offences in Chapter VI of the IPC suggests that there is a glaring disparity in the punishment prescribed for Section 124A," the Commission said. Chapter VI of the IPC deals with offences against the state. "It is, therefore, suggested that the provision be revised to bring it in consonance with the scheme of punishment prov
The Law Commission has said it is of the considered view that Section 124A of the Indian Penal Code dealing with sedition needs to be retained, though certain amendments could be introduced to bring about greater clarity regarding usage of the provision. In its report submitted to the government, the panel said cognizant of the views on the misuse of Section 124A, it recommends that model guidelines curbing them be issued by the Centre. "In this context, it is also alternatively suggested that a provision analogous to Section 196(3) of the Code of Criminal Procedure, 1973 (CrPC) may be incorporated as a proviso to Section 154 of CrPC, which would provide the requisite procedural safeguard before filing of a FIR with respect to an offence under Section 124A of IPC," chairman of the 22nd Law Commission Justice Ritu Raj Awasthi (retd) said in his covering letter to Law Minister Arjun Ram Meghwal. While it is imperative to lay down certain procedural guidelines for curbing any misuse of
Nearly 13,000 individuals have been charged under Section 124A since 2010. The law essentially functions as a measure to prevent and regulate certain activities
Upon the orders of the apex court, Section 124A (on sedition) is in abeyance
Govt must speed up sedition law review
Attorney General says govt is keen to push reform; court to hear matter again in August