Sedition law against India’s conscience; high time SC considers its 'abrogation': Moily

News Network
May 5, 2022

New Delhi, May 5: Senior Congress leader M Veerappa Moily on Thursday said the sedition law is against the conscience of the Indian nation and it is high time the Supreme Court considers "abrogating" it from the pages of criminal law.

His assertion came on a day the Supreme Court said it would hear arguments on May 10 on the legal question whether the pleas challenging the colonial era penal law on sedition be referred to a larger bench and granted time to the Centre to file its response.

The law of sedition has again reignited a public debate, including before the Supreme Court, and the public is very much focused on the subject, Moily noted.

The Britishers fully invoked this section to silence the freedom fighters such as Mahatma Gandhi and Balgangadhar Tilak, the former Union minister and a senior lawyer said.

"It has now become routine for lawmakers both in the state and at the Centre to silence the dissenters who are opposed to the view of the established governments....ultimately the law is misused to kill the democratic ethos in the country," he said.

"Real patriots are put behind bars under the provisions of Section 124 A (sedition) and democratic expression has been assaulted by the governments in power," Moily said.

While Mahatma Gandhi called Section 124A "the prince among the political sections of the IPC designed to suppress the liberty of the citizen", Jawaharlal Nehru said that the provision was "obnoxious" and "highly objectionable", and "the sooner we get rid of it the better", Moily pointed out.

"Both of them voiced conscious consensus of the freedom fighters and patriots. The nation should have scrapped the law as it inherited the colonial legacy of suppressing independent opinion. Hence the sedition law is against the conscience of the Indian nation," he said.

Moily said the second Administrative Reforms Commission in its fifth report on public order considered many provisions on federal crimes, including sedition, and recommended re-examining the offences which have inter-state or national ramification and include them in a new law.

"It is high time that the Supreme Court of India consider abrogating the law of sedition from the pages of criminal law of the country as the said law goes against the patriotic ethos of the country and intends to remove the conscience of ethos of India and also the Constitution and freedom fighters of the country," Moily said.

A special bench comprising Chief Justice N V Ramana and Justices Surya kant and Hima Kohli was also told by Attorney General K K Venugopal, who was assisting in his personal capacity, that the misuse of the provision like it happened against a Maharashtra MP for reciting 'Hanuman Chalisa' has to be stopped by laying down guidelines.

However, there was no need to refer the five-judge bench verdict of the top court in the Kedar Nath case in 1962 to a bench of five or seven judges, the top most law officer said.

The apex court had upheld the constitutional validity of the sedition law in the Kedar Nath Singh case. 

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News Network
April 20,2024

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New Delhi: The Aam Aadmi Party on Saturday alleged that Delhi Chief Minister Arvind Kejriwal is being pushed towards a “slow death” inside Tihar jail by denying him insulin and consultations with his doctor.

Kejriwal, who has Type-2 diabetes, has been asking for insulin and a video conferencing with his family doctor but his requests are being denied by the jail administration, party spokesperson Saurabh Bharadwaj said in a press conference.

"I want to say with full responsibility that a conspiracy is underway for the slow death of Kejriwal," Bharadwaj claimed citing blood sugar readings of the Chief Minister in jail.

He also slammed the Tihar administration, BJP, Centre and Delhi LG for allegedly denying insulin to Kejriwal and said the Delhi Chief Minister had been suffering from diabetes for the last 20-22 years.

On Friday, the chief minister council Senior advocate Abhishek Singhvi said Kejriwal has not been administered insulin to control his sugar levels since his arrest, terming it “shocking” and “alarming”.

The ED had on Thursday claimed before the court that Kejriwal was eating food high in sugar like mangoes and sweets every day, despite having Type-2 diabetes, to create grounds for medical bail.

Kejriwal, however, refuted the ED’s claims by asserting before a court that the food he consumed was in conformity with the diet chart prepared by his doctor.

“Out of 48 meals sent from home, only three times mangoes were there…,” Singhvi told the court.

Bharadwaj said Kejriwal was allowed by the court to use a machine in the jail to monitor his daily blood sugar levels.

"Overall, it was a conspiracy to finish Kejriwal so his multiple organ damage and when he comes out of jail after 2-4 months he goes for treatment of kidney, heart and other organs," said Bharadwaj, who holds the portfolio of health in Delhi government.

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News Network
April 12,2024

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New Delhi, Apr 12: India on Friday asked its citizens not to travel to Iran or Israel amid escalating tensions between the two countries following a strike on the Iranian consulate in Syria 11 days ago.

Iran blamed Israel for the strike and there have been fears that Tehran may launch an attack on Israel soon.

In an advisory, the Ministry of External Affairs (MEA) also urged the Indians residing in Iran and Israel to exercise utmost precautions about their safety and restrict their movements to minimum.

“In view of the prevailing situation in the region, all Indians are advised not to travel to Iran or Israel till further notice,” it said.

“All those who are currently residing in Iran or Israel are requested to get in touch with Indian Embassies there and register themselves,” the MEA said.

“They are also requested to observe utmost precautions about their safety and restrict their movements to the minimum,” it added. 

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News Network
April 23,2024

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The Karnataka government's decision to categorise the entire Muslim community as a backward caste for reservation purposes in the state has drawn criticism from the National Commission for Backward Classes (NCBC), which said such blanket categorisation undermines the principles of social justice.

According to the data submitted by the Karnataka Backward Classes Welfare Department, all castes and communities within the Muslim religion have been enlisted as socially and educationally backward classes under Category IIB in the State List of Backward Classes.

The NCBC, during a field visit last year, examined the state's reservation policy for OBCs in educational institutions and government jobs.

"All castes/communities of Muslim religion of Karnataka are being treated as socially and educationally backward classes of citizens and listed as Muslim Caste separately under Category IIB in the State List of Backward Classes for providing them reservation in admission into educational institutions and in appointments to posts and vacancies in the services of the State for the purpose of Articles 15(4) and 16(4) of the Constitution of India," the NCBC said in a statement on Monday night.

This categorisation has led to the provision of reservation benefits for 17 socially and educationally backward castes under Category I and 19 castes under Category II-A, respectively.

The NCBC said the blanket categorisation of Muslims as a backward caste undermines the principles of social justice, particularly for the marginalised Muslim castes and communities identified as socially and educationally backward.

However, the NCBC emphasised that while there are indeed underprivileged and historically marginalised sections within the Muslim community, treating the entire religion as backward overlooks the diversity and complexities within Muslim society.

"The religion-based reservation affects and works against ethics of social justice for categorically downtrodden Muslim castes/communities and identified socially and educationally backward Muslim castes/communities under Category-I (17 Muslim castes) and Category II-A (19 Muslim castes) of State List of Backward Classes. Hence, socially and educationally backward castes/communities cannot be treated at par with an entire religion," the NCBC stated.

The NCBC also voiced concern over the impact of such reservations on the overall framework of social justice, particularly in the context of local body polls.

While Karnataka provides 32 per cent reservation to backward classes in local body elections, including Muslims, the Commission stressed the need for a nuanced approach that accounts for the diversity within these communities.

According to the 2011 Census, Muslims constitute 12.92 per cent of the population in Karnataka.

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