Supreme Court puts hold on sedition law till Centre re-examines provisions

News Network
May 11, 2022

New Delhi, May 11: The Supreme Court on Wednesday ordered to keep the colonial-era sedition law in abeyance till the Centre re-examines the provision, carrying life term as the maximum penalty, in view of concerns expressed over its misuse to jail the critics of the ruling dispensation.

A bench comprising Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli passed the interim order on a batch of petitions, challenging validity of the penal provision, for having a chilling effect on fundamental right to freedom of speech and expression.

The court said, "it is appropriate that the Centre and States would refrain from registering new FIRs under Section 124A of the IPC".

The bench said those already arrested under the law may approach the competent court for bail.

The top court noted Attorney General K K Venugopal had given some glaring instances of lodging the FIRs under the sedition law, including one related to Amravati MP Navneet Rana and her husband for intending to recite Hanuman Chalisa.

At the outset, Solicitor General Tushar Mehta submitted a proposal on behalf of the Union government, contending that a cognisable offence under Section 124A can't be prevented from being registered.

But there can be a scrutiny at senior police officer level as per the mandate in the Vinod Dua case, depending on facts and situations. This would also be subject to judicial review, he said.

With regard to pending cases, Mehta said these are already before a judicial forum, which should be allowed to examine the matter. "We do not know the gravity of the offence of each case. No accused is before this case.  Statute can't be stayed at third party's behest in a PIL," Mehta submitted.

Senior advocate Kapil Sibal, appearing for petitioners, including S G Vombatkere, said the proposal by the Centre is unacceptable. He said Section 66A of IT Act was struck down by the top court for being unconstitutional, even though the power was with the SP-level officer.

"It is because of sea change, Section 124A has become unconstitutional. When the Kedar Nath Singh (1962) was decided by the top court upholding its validity, it was non-cognisable offence and made congnisable in 1973 only," he said.

On Tuesday, the court had asked the Centre to clarify within 24 hours if the operation of the penal provision of sedition can be kept in abeyance till the process of review of the law is over.

The top court also sought to know about the fate of pending cases under the law as the government asked the court to defer the adjudication on its validity until it re-examined and re-considered the provision.

On Monday, responding to the batch of petitions, the government had said it has decided to re-examine and reconsider the colonial-era sedition law in the spirit of 'Azadi ka Amrit Mahotsav' (75 years of independence) and the prime minister's "unequivocal views" in favour of "protection of civil liberties".

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News Network
April 22,2024

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Mangaluru: BJP candidate in Dakshina Kannada Capt Brijesh Chowta has received a letter from Prime Minister Narendra Modi wishing him victory in the election.

In the letter, which the BJP shared with the media, the PM has lauded Chowta’s exceptional services in the armed forces as a part of the Gorkha regiment, especially in counter-insurgency operations. Modi also has mentioned about Chowta’s efforts as an organiser of the Mangaluru Lit Fest and his dedication to preserve the cultural heritage of the region.

“I am certain that you will immensely contribute towards the welfare of people and the region of Dakshina Kannada. Through this letter, I would like to tell the people of your constituency that this is not an ordinary election. Families across India, especially the senior members, would remember the difficulties they have gone through in the last five to six decades. In the last 10 years, the quality of life of every section of society has improved, with many of these troubles removed. Yet, a lot more is still to be done and this election will be decisive in our mission to ensure a better life for everyone,” reads the letter. 

“Your exceptional service in the armed forces as a part of the Gorkha regiment, especially in counter-insurgency operations, is commendable. Additionally, your efforts as an organiser of the Mangaluru Lit Fest demonstrate your dedication to preserving the cultural heritage of the region. I am certain that you will immensely contribute towards the welfare of people and the region of Dakshin Kannada”

“With the blessings of the people, I am confident that you will reach the Parliament. Team members like you are a great asset for me. As a team, we will leave no stone unturned for the welfare of the people of your constituency and the country. Through this letter, I would like to tell the people of your constituency that this is not an ordinary election. Families across India, especially the senior members, would remember the difficulties they have gone through in the last 5-6 decades. In the last 10 years, the quality of life of every section of society has improved, with many of these troubles removed. Yet, a lot more is still to be done and this election will be decisive in our mission to ensure a better life for everyone.

“This election is an opportunity to connect our present with a bright future. Every vote that the BJP gets will go towards forming a stable government and impart momentum in our journey to become a developed nation by 2047. The people of India themselves have made up their minds to support this vision and are leading the way in this election. I am aware that the summer heat poses problems to everyone. But this election is extremely important for the future of our nation. I appeal to the voters to cast their votes early in the morning, before the heat sets in.

“It is important that our workers motivate people to go out and vote in large numbers. Focus on winning the booth. Victory in every booth leads to success in the constituency. At the same time, I request workers of our party to take care of their health and that of other people around them. As a candidate of the BJP, I urge you to convey my assurance to each voter that every moment of my time is dedicated to the welfare of my fellow citizens. I send you my wishes for your victory in the election,” stated PM Modi in the letter.

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News Network
April 14,2024

New Delhi, Apr 14: In response to the escalating tensions between Israel and Iran, ministry of external affairs (MEA) on Sunday issued a statement expressing serious concern over the potential threat to regional peace and security.

"We are seriously concerned at the escalation of hostilities between Israel and Iran which threatens the peace and security in the region," the MEA said in the statement.

The ministry called for an immediate de-escalation of the situation, emphasizing the importance of exercising restraint and refraining from further violence. 

Stressing the need for diplomacy to prevail, India urged both parties to step back from confrontation and seek peaceful resolutions to their differences.

"We call for immediate de-escalation, exercise of restraint, stepping back from violence and return to the path of diplomacy," the MEA said. 

India, closely monitoring the evolving situation, assured that its embassies in the region are actively engaging with the Indian community, providing support and assistance as needed.

"We are closely monitoring the evolving situation. Our Embassies in the region are in close touch with the Indian community," the MEA affirmed.

Highlighting the significance of maintaining security and stability in the region, India reiterated the importance of all parties involved prioritizing peaceful dialogue and cooperative measures. "It is vital that security and stability are maintained in the region," the MEA said.

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News Network
April 24,2024

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Pro-Gaza US protesters in New York's Columbia University say they will stay put despite the university's harassment and police crackdown.

The protesters said they refuse to concede to "cowardly threats and blatant intimidation" by university administration, asserting that they will continue to peacefully protest.

Columbia University threatened the students with the national guard after refusing to bargain in good faith.

The university announced a midnight deadline for talks regarding the removal of pro-Palestine encampments on the varsity campus, warning that their campsite will be forcefully cleared by police if no agreement is reached.

The university campus is being used as a campsite for hundreds of pro-Palestine protesters and other activists, who have gathered and set up numerous tents.

Pro-Palestinian protests at colleges have demanded that their universities divest from corporations doing business with Israel or profiting off the war in Gaza. At Columbia, protesters have also asked the university to end a dual-degree program with Tel Aviv University.

The deadline was announced by Columbia University President Minouche Shafik late Tuesday, as authorities across major American universities have launched their repression campaigns against the pro-Palestinian protests on campuses, amid rising anger over US's support for Israel. 

Shafik has issued a midnight deadline to protesters and organizers, warning that failure to comply will result in the forcible clearance of the camp by the New York Police Department (NYPD).

The university has engaged in discussions with student leaders behind the protests, which are part of a series of protests taking place at various colleges nationwide and resulting in multiple arrests.

The purpose of these talks is to address the encampment on the west lawn of Columbia's Morningside Heights campus.

American universities are grappling with the challenge of maintaining a delicate balance between the right to protest and freedom of speech, while also ensuring campus rules and safety, as tensions surrounding the ongoing war in Gaza continue to permeate across campuses.

Meanwhile, Shafik underscored the importance of free speech and the right to demonstrate, but highlighted significant safety issues, disruptions to campus activities, and a strained environment due to the encampment. She firmly stated that any form of intimidation, harassment, or discrimination would not be accepted.

The arrest of more than 100 protesters at Columbia University last week led to more campus demonstrations, at New York University, Yale, and the University of California, Berkeley.

Palestinian university professor Sami al-Arian said what is happening across US university campuses is unprecedented.

Al-Arian said, "I lived four decades in the US, 28 years of which were in academic settings. During my time, it was a very challenging struggle to present an anti-Zionist narrative."

"But the passion, courage, humanity, creativity, and determination displayed these days by students across US campuses make me proud. The Zionist grip on US society is weakening and waning."

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