Greeva Garg –
Former Union Minister Arun Shourie has filed a plea before the Supreme Court of India challenging the Constitutional validity of the Sedition Law under Section 124-A of the Indian Penal Code (IPC) and violative of Articles 14, 19(1)(a) & 21 of the Constitution of India.
“Sedition is a colonial law which was used expressly to suppress dissent by the British in India,” the plea states.
The bench headed by Chief Justice NV Ramana agreed to examine the plea filed by Arum Shourie as a matter of concern of ‘misuse of law’.
Citing the matter of Kedar Nath v. State of Bihar, 1962, the petitioner challenged the interpretation of Apex Court on basis of Presumption of Constitutionality back then.
With the change of position of Law in the democracy, the plea asked for the reconsideration of matter.
“Therefore, in view of the above it is submitted that the doctrine of reading down in absence of presumption of constitutionality cannot be pressed into service of section 124-A of the Penal Code, 1860, whose language is otherwise plain and clear,” the plea states.
“By the time the courts step in to apply the interpretation of Kedar Nath to the facts of the cases, the citizens have already been deprived of their liberty,” the petition said.
The petitioner sought for constitutionally disarming the Sedition law and alternatively asked the Court that, “Strict action as per law be taken against concerned public servants and complainant/informants in cases, where the accused is discharged in a case of sedition and lay down guidelines for the same.”