Wednesday, June 23, 2021
154,225FansLike
654,155FollowersFollow
0SubscribersSubscribe
Want create site? Find Free WordPress Themes and plugins.

Supreme Court dismisses plea challenging sedition law, says can’t be challenged unless there is cause for petition

The bench of Chief Justice S.A. Bobde, Justice A.S. Bopanna and Justice V. Ramasubramanian observed that the law cannot be challenged unless there is a cause of action.

Want create site? Find Free WordPress Themes and plugins.

The Supreme Court on Tuesday dismissed a plea seeking a direction to declare Section 124-A of Indian Penal Code as ultra-vires of the Indian Constitution. Section 124-A provides for punishment for the offence of sedition.

The bench of Chief Justice S.A. Bobde, Justice A.S. Bopanna and Justice V. Ramasubramanian observed that the law cannot be challenged unless there is a cause of action. 

During the hearing, Advocate Anoop George Chaudhari, appearing for the petitioner, said Section 124-A of IPC has been misused while seeking an alternative relief that directions be issued to strictly follow the judgement of the Constitution bench in this regard.

Chief Justice Bobde questioned,

“What is your cause of action, unless there is a cause of action you cannot challenge a law. There is no case of sedition against you. In Kusum Ingots case, it has been laid down that you cannot challenge a law unless there is a cause of action.”

Advocate Chaudhari responded that the present matter is one of public interest, and directions need to be issued to police to follow the Court’s ruling in Kedar Nath and Balwant Singh cases. “This is a PIL filed by three lawyers. We have made an alternate prayer as well. We can make an affected person a party, give us some time,” he said.

Also Read: Amaravati land scam: Supreme Court adjourns hearing AP Govt appeal against HC order

Dismissing the case, the bench said that it will look into the matter when there is a cause of action.

The plea, filed by Advocates Aditya Ranjan, Varun Thakur and V. Elenchezhiyan, stated that a colonial provision like Section 124-A which was intended to subjugate subjects of the British Crown should not be permitted to continue in a democratic republic, under the continuously expanding scope of fundamental rights.

The petitioners have further averred that the sedition law is indiscriminately and unlawfully being used against journalists, women, children, students and other persons against the interpretation given by the Apex Court.

Also Read: Allahabad High Court dismisses prisoner’s plea for parole, directs him to approach UP govt

The petitioners’ alternate prayer had sought a direction to the Government to instruct their respective Heads of Police and DGPs to ensure the law as set forth by the Supreme Court in the Kedar Nath case and Balwant Singh case are strictly followed.

Did you find apk for android? You can find new Free Android Games and apps.

News Update

Narada case: Supreme Court to hear Mamata Banerjee’s plea on June 25 after another judge recuses himself

On the earlier hearing in the matter, Senior Advocate Rakesh Dwivedi, appearing on behalf of the petitioner, submitted the grievance that the affidavit is of utmost importance, because whatever the CBI has alleged, has to be rebutted by the accused persons.

Justice Munishwar Nath Bhandari named Acting Chief Justice of Allahabad High Court

President Ram Nath Kovind today appointed Justice Munishwar Nath Bhandari as the Acting Chief Justice of Allahabad High Court.
Did you find apk for android? You can find new Free Android Games and apps.