Supreme Court: No Sedition for Criticising the Government

The court was hearing an NGO’s case seeking action against “misuse” of section 124 A of the IPC to squash dissent.

Sedition charges cannot be invoked against those criticising the government, the Supreme Court has said. (Photo: iStockphoto)

A Supreme Court bench of Justices Dipak Misra and UU Lalit sent a clear message on Monday against misuse of the sedition law against people criticising the government.

The apex court’s statement came as Advocate Prashant Bhushan, appearing for an NGO, said sedition was a serious offence and the law on it was being grossly misused for stifling dissent.

Someone making a statement to criticise the government does not invoke an offence under sedition or defamation law. We have made it clear that invoking of section 124(A) of IPC (sedition) requires certain guidelines to be followed as per the earlier judgement of the apex court.

Supreme Court Bench

The court was hearing a plea seeking the apex court’s intervention to address the “misuse” of section 124 A of the IPC contending that such a charge was being framed with a view to “instill fear and scuttle dissent”.

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When Bhushan cited cases of misuse of the age old law, the court pointed out that there is no need for a new judgement as it is stated in “a five-judges constitution bench judgement in Kedar Nath Singh vs state of Bihar of 1962.”

Dismissing the NGO’s petition, the court directed a copy of the 1962 order be sent to all Chief Secretaries of states and the Directors General of Police.

You have to file separate plea highlighting if any misuse of sedition law is there. In criminal jurisprudence, allegations and cognisance have to be case specific, otherwise it will go haywire. There can’t be any generalisation.

Supreme Court Bench

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In an attempt to prevent the dismissal of the NGO’s petition, Bhushan said that the law has not been amended after the Kedar Nath Singh judgement by the apex court.

He pointed out that a constable does not understand the judgement, but what he understands is the section in the IPC.

To this, the court said:

Constables don’t need to understand. It is the magistrate who needs to understand and follow the guidelines as laid down by the apex court while invoking sedition charges.

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