Why Do You Need ‘Colonial’ Sedition Law Even After 75 Years Of Independence? SC Asks Centre

The apex court, which was hearing a petition challenging the constitutional validity of the sedition law, expressed concern over enormous misuse of the colonial era penal law on sedition.

Supreme Court | File Image

New Delhi: Terming the sedition law as a “colonial law”, the Supreme Court on Monday asked the Central government why it was not repealing the provision used by the British to silence people like Mahatma Gandhi to suppress the country’s freedom movement.

The apex court, which was hearing a petition challenging the constitutional validity of the sedition law, expressed concern over the enormous misuse of the colonial era penal law on sedition.

Stating its main concern was the “misuse of law”, an apex court bench headed by Chief Justice of India (CJI) N V Ramana issued notice to the Centre in this regard.

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“Is it still necessary to keep this in statute even after 75 years of independence? asked the bench which also comprised Justices A S Bopanna and Hrishikesh Roy, PTI reported.

The apex court also referred to alarming misuse of Section 66 A of the Information Technology Act.

Chief Justice Ramana said a factionist can invoke these types of provisions to implicate the other group of people and added that if a particular party or people do not want to hear a voice then they will use this law to implicate others.

“We do not know why the government is not taking a decision. Your government has been getting rid of stale laws,” the apex court bench said, adding that it was not blaming any state or government but unfortunately the executing agency misuses these laws and there is no accountability.

When informed that another bench-headed Justice U U Lalit has been hearing a similar plea which has been fixed for further consideration on July 27, Chief Justice Ramana said that he would take a call on posting of the matters and notify the date of hearing.

Attorney General KK Venugopal, who was asked to assist the bench in dealing with the matter, defended the provision and said it be allowed to remain in the statute book and the court may lay down guidelines to curb the misuse.

This comes as a separate bench had earlier sought the Centre’s response on the plea challenging the validity of sedition law. The plea was filed by two journalists working in Manipur and Chhattisgarh.