Another petition has been filed in the Supreme Court challenging the constitutional validity of Section 124A of the Indian Penal Code by the Former IT Minister Arun Shourie.
The plea filed through Advocate Prashant Bhushan stated, “mere advocacy and discussion which is protected under Article 19(1)(a) has been made punishable under Section 124 – A of Indian Penal Code.”
In addition to this, the Supreme Court has today issued notice on a batch of petitions challenging the constitutional validity of Section 124A of the Indian Penal Code, stating that such laws posed a serious threat to the functioning of the administration, as well as individuals.
The plea filed by Shourie further submits, “Whether a speech will cause disorder or not depends not only upon its content but also upon the nature of the listener, his opportunities, and the state of the country at the time. The offense under section 124-A is complete if a person speaks anything that has a tendency to create public disorder or disturbance of public peace or law and order without in any manner impacting public order.”
Section 124A of the IPC stated as under, “124A. Sedition.—Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, 102 [***] the Government established by law in 103 [India], [***] shall be punished with 104 [im¬prisonment for life], to which fine may be added, or with impris¬onment which may extend to three years, to which fine may be added, or with fine.”