The Supreme Court questioned the utility and existence of the 'sedition law' on Thursday (July 15), even after seventy-five years of Independence. The bench also pointed out the misuse of the law by the current government and police against those who speak against the regime.
They described the British era law as 'colonial' and added that they didn't think it was still necessary for the law to exist. The law is a serious threat to the functioning of institutions and holds enormous power for misuse with no accountability for the executive, the court said, comparing it to a 'saw' in the hands of an overzealous carpenter.
Chief Justice N.V. Ramana, who was heading the three-judge bench said: "It is a colonial law used by the British to silence Mahatma Gandhi, Tilak. Still, it is necessary after 75 years of independence?" The court also questioned the government as to why it is not looking into this law while striking down a number of other laws.
The bench cited the example of the continued usage of section 66A of the I-T Act, which was quashed, and emphasized the abuse of the law to arrest thousands for airing their views online.
Attorney General KK Venugopal also suggested that instead of completely striking down the law, the top court could lay down fresh guidelines to restrict the use of the sedition provision only for the protection of the nation and democratic institutions.
The top court's observations came on a plea submitted by Mysuru-based Major General S.G. Vombatkere challenging the constitutional validity of Section 124A (sedition) of the IPC with a maximum penalty of life imprisonment.
