Oppn leaders, activists laud SC's observations on sedition law, hope it is 'thrown out'

Several Opposition leaders and civil society activists on Thursday hailed the Supreme Court for asking the Centre whether the sedition law was still needed 75 years after Independence and expressed the hope it would be ''thrown out''.

Concerned over the ''enormous misuse'' of the colonial-era penal law, a Supreme Court bench headed by Chief Justice N V Ramana asked the Centre why it was not repealing the provision used by the British to ''silence'' people like Mahatma Gandhi to suppress the freedom movement.

The bench, which agreed to examine pleas challenging the constitutionality of section 124A (sedition) in the IPC, also issued notice to the Centre. ''We do not know why the government is not taking a decision. Your government has been getting rid of stale laws,'' it said. Reacting to the Supreme Court terming the sedition law colonial and asking whether it was still needed 75 years after Independence, former Congress chief Rahul Gandhi said, ''We welcome this observation by the Supreme Court.'' BJP general secretary C T Ravi attacked Gandhi over his tweet, asking, ''What did you do for ten years between 2004 to 2014?'' “What stopped your government from doing away with the sedition law… ''Oh yes, you were busy looting the Nation in the name of Secularism, right @RahulGandhi?'' Ravi said.

Some leaders, including Trinamool Congress MP Mahua Moitra and Swaraj India president Yogendra Yadav, pointed out that about 100 farmers in Haryana were charged with sedition, among other charges, in connection with an attack on the state deputy speaker's car during a farmers' protest. Moitra said she was finally hoping ''this archaic law misused by GoI will be thrown out''.

''Ironic that Haryana police charge over 100 farmers with sedition after alleged attack on BJP leader's vehicle while SC questions why we have this outdated law!'' the Lok Sabha MP said on Twitter. On the Supreme Court asking the Centre whether it was necessary to keep the sedition law in the statute books, Yadav said. ''Yes, that's the question. Case in point: Yesterday, sedition case was registered against farmers in Sirsa for breaking the windshield of a minister's vehicle!'' That's what this law is being used for, he alleged.

Former law minister Ashwani Kumar did not directly comment on the Supreme Court's observation but tweeted that the sedition charge against Haryana farmers is an insult to India's democratic traditions. ''Government should withdraw the charges immediately and unconditionally,'' he said.

According to former Union law secretary P K Malhotra, the problem is not with the law but with its misuse by law enforcement agencies ''just to please their political bosses''.

''If the law is properly used and if there are proper guidelines to see under what circumstances provisions of Section 124A will be used, then nothing is wrong with it,'' Malhotra told PTI.

Asked whether the UPA government had defended sedition laws in courts, he said, ''Why only UPA, any political party when it is in power justifies Section 124A. But the moment they come to the opposition, they say it is British period law and must be abolished. There are many British period laws which are working well.'' Activist and lawyer Prashant Bhushan conveyed his kudos to the Supreme Court and the chief justice for ''standing up to the Govt on the gross misuse of this colonial law of sedition to silence dissent''.

Congress leader Jaiveer Shergill said the British used the sedition law to silence Mahatma Gandhi and the BJP is ''using it to kill principles of transparency and accountability espoused by Mahatma Gandhi''.

In a tweet, he said, ''28% rise per year in registration of sedition cases since 2014 -- well thought strategy to kill freedom of speech!'' Actor and Shiv Sena leader Urmila Matondkar said, '''Do we still need it after 75 years of Independence?' Honorable #SupremeCourt has referred to #Sedition law as 'Colonial'.'' Filmmaker and former MP Pritish Nandy also reacted to the Supreme Court asking the Centre whether the sedition law was needed and said, ''Good point, Supreme Court. Gone hoarse saying this.'' He added that we want to remove all traces of British rule but won't give up this terrible law under which our freedom fighters were jailed.

Why only sedition law, all British era laws should be scrapped, asked BJP leader Kapil Mishra.

''All laws that were made before 1947, should be scrapped. Our police, judiciary, entire criminal justice system is colonial. Let's change it all,'' he said.

The Supreme Court bench, which also comprised Justices A S Bopanna and Hrishikesh Roy, said, ''Mr attorney (general), we want to ask some questions. This is the colonial era law and the same law was used by the British to suppress freedom movement.'' ''It was used by British to silence Mahatma Gandhi, Gokhale and others. Is it still necessary to keep this in statute even after 75 years of independence?'' it asked. Observing that the provision on sedition has been put to ''enormous misuse'', it also referred to alarming misuse of Section 66 A of the Information Technology Act even after the top court set it aside long back, and observed, ''It can be compared to a carpenter, asked to cut a wood, cut the entire forest.'' PTI ASK NAB MIN MIN