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 29,2024

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Bagalkot, Apr 29: Prime Minister Narendra Modi on Monday accused the Congress of planning religion-based reservation in the country for the sake of vote bank politics but asserted that he will not let it happen.

He said this Congress proposal is to appease minorities as the SC/ST and OBC community is now with the BJP.

"In Karnataka, Congress has started a campaign to change the Constitution and to snatch away the rights of SC/ST and OBCs. Our Constitution does not accept religion-based reservation. But the Karnataka government has given part of OBC reservation to Muslims," Modi said.

Addressing a mega election rally in this district headquarters town, he said, "They (Congress) will not settle with this. They had earlier too in their manifesto said about coming out with a law to provide religion-based reservation. There is a similar signal in their manifesto this time."

"I want to make my Dalit, SC/ST and OBC brothers and sisters aware about Congress' intentions. These people on the basis of religion, to keep their vote bank safe, are planning to loot your right which was given by Babasaheb Ambedkar and the Constitution," he added.

Veteran BJP leader B S Yediyurappa, BJP candidates and MPs from Bagalkot (Bagalkot) and Vijayapura (Bijapur) - P C Gaddigoudar and Ramesh Jigajinagi, respectively - were among those present at the rally.

Noting that most of SC, ST and OBC MPs in the Parliament are from BJP, Modi said, "So they feel that as SC, ST and OBC are with BJP. To gain the trust of minorities, they want to loot from SC, ST and OBC and give it to minorities. Will you let this happen?"

"I want to guarantee today to my Dalit, Adivasi and OBC brothers and sisters. I will not let such intentions of Congress be successful. To protect your rights, your reservation, Modi will go to any extent. I'm assuring you this," he added.

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News Network
April 25,2024

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Electronics Corporation of India Ltd and Bharat Electronics Ltd have refused to disclose the names and contact details of the manufacturers and suppliers of various components of EVMs and VVPATs under the RTI Act citing "commercial confidence", according to RTI responses from the PSUs to an activist.

Activist Venkatesh Nayak had filed two identical Right To Information applications with the ECIL and BEL, seeking the details of the manufacturers and suppliers of various components used in the assembling of the electronic voting machines (EVMs) and voter-verifiable paper audit trail (VVPATs).

The VVPAT is an independent vote verification system which enables electors to see whether their votes have been cast correctly.

The ECIL and the BEL, public sector undertakings under the Ministry of Defence, manufacture EVMs and VVPATs for the Election Commission.

Nayak also sought a copy of the purchase orders for the components from both PSUs.

"Information sought is in commercial confidence. Hence details cannot be provided under Section 8(1)(d) of the RTI Act," BEL said in its response.

A similar response was sent by ECIL which said the details requested are related to a product which is being manufactured by ECIL, and third party in nature.

"Disclosing of details will affect the Competitive position of ECIL. Hence, Exemption is claimed under section 8(1) (d) of RTI ACT, 2005," it said.

In response to the purchase order copies, ECIL's central public information officer said the information is "voluminous" which would disproportionately divert the resources of the Public Authority.

"Further, the information will give away the design details of EVM components. The same may pose a danger to the machines produced. Hence, the exemption is claimed U/s 7(9) and under section 8(1)(d) of RTI Act, 2005," ECIL said.

Section 8(1)(d) of the RTI Act exempts from disclosure the information, including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Section 7(9) of the Act says the information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

"I don't know whose interests they are trying to protect against the right to know of close to a billion-strong electorate. ECIL said that disclosure of the purchase orders will reveal the design details of the components and this may pose a danger to the machines produced. ECIL did not upload even a signed copy of its reply on the RTI Online Portal," Nayak said.

He said it is reasonable to infer that the two companies are not manufacturing every single item of the EVM-VVPAT combo or else the two companies would have replied that they are manufacturing all these components internally without any outsourcing being involved.

"But the electorate is expected to take everything about the voting machines based on what the ECI is claiming in its manuals and FAQs," Nayak said.

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News Network
April 25,2024

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Kolkata: Defence Minister Rajnath Singh or Transport Minister Nitin Gadkari could have been the prime minister, said Trinamool Congress supremo and West Bengal chief minister Mamata Banerjee, subtly taking a dig at the Bharatiya Janata Party leaders relegated to the second rung of the organisational echelons.

Banerjee’s nephew and the TMC general secretary Abhishek Banerjee, on the other hand, attempted to stoke trouble within the BJP’s unit in West Bengal, saying that at least 10 more state legislators of the saffron party were keen to join his party and in touch with him.

"You (Rajnath Singh) are surviving at the mercy of Modi (Prime Minister Narendra Modi). You are saluting Modi daily to save your chair. You or Nitin Gadkari could have been the PM (prime minister) today," the TMC supremo said in an election rally at Ausgram in Bolpur Lok Sabha constituency on Wednesday. "There would have been no problem...at least there would have been a gentleman in the chair who knows minimum courtesy," she added.

Banerjee was responding to Singh’s diatribe against herself and the TMC government led by her. The defence minister, who had addressed an election rally in Murshidabad on Sunday, had criticised the TMC government for alleged corruption and anarchy in West Bengal.

Singh had referred to the attacks on the Enforcement Directorate officials on January 5 during a raid at the residence of the TMC leader Sheikh Shahjahan at Sandeshkhali in North 24 Parganas district of the state. It was followed by an agitation by local women protesting against atrocities by Shahjahan and his aides known to be owing allegiance to the TMC.

Singh questioned how the state government, led by a woman as the chief minister, could allow such atrocities on women to take place. He went on to say that Banerjee had lost all ‘mamata’ (affection and compassion) for people.

Banerjee shared a cordial relationship with Singh since the days when they both were ministers in the central government led by then Prime Minister Atal Bihari Vajpayee. Singh avoided personally criticising Banerjee in the past.

He, however, went ballistic against Banerjee on Sunday, triggering a strong response from the TMC supremo on Wednesday.

"The BJP is trying to get into the game of breaking parties, but they can't win in it. They poached two of our MPs, and we replied by taking two of their MPs, Arjun Singh and Babul Supriyo. Recently, by using ED raids, they inducted Tapas Ray. At least 10 top leaders of the BJP are in the queue to join the TMC," Abhishek said in another election rally in Murshidabad on Wednesday.

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