Bombay HC: Citizens have right to criticise govt
Bombay High Court, government criticism, Maharashtra government, BJP government, Maharashtra, Maharashtra news
Dealing with the issue of sedition and freedom of speech, the Bombay High Court in an order passed Tuesday said the charge cannot be invoked whenever the government is criticised unless such censure leads to violent public disorder.
The issue was raised before Chief Justice Mohit Shah and Justice N M Jamdar during the hearing of a public interest litigation dealing with the arrest of Mumbai-based cartoonist Aseem Trivedi in 2012. Charges of sedition had been brought against him under Section 124 A (sedition) of the Indian Penal Code for drawing “objectionable” cartoons during the India Against Corruption rallies.
The HC had earlier observed that freedom of speech should not suffer from the threat of sedition and wanted to know if arrest in such cases was justified.
Taking into consideration previous judgments, the HC Tuesday said, “It is clear that the provisions of Section 124 A of the IPC cannot be invoked to penalise criticism of the persons for the time being engaged in carrying on administration, or strong words used to express disapprobation of the measures of government, with a view to their improvement or alteration by lawful means.”
The court said even strongly worded comments used to show disapproval of the government’s actions will not amount to sedition if they do not instigate public to resort to violence.
“A citizen has a right to say or write whatever he likes about the government, or its measures, by way of criticism or comments, so long as he does not incite people to violence against the government established by law,” the bench said.
Calling cartoons and caricatures visual representations, the court said these were words or signs which are supposed to have an element of wit, humour or sarcasm.
While commenting on Trivedi’s case, the HC said, “Having seen the seven cartoons in question drawn by the third respondent (Trivedi), it is difficult to find any element of wit or humour or sarcasm.”
The HC said, “His cartoons displayed on November 27, 2011 in Mumbai, as a part of movement launched by Anna Hazare against corruption in India, were full of anger and disgust against corruption prevailing in the political system and had no element of wit or humour or sarcasm.”
However, the HC clarified that Trivedi’s freedom of speech and expression while portraying his indignation against corruption in the political system could not have been jeopardised as there was no allegation of incitement to violence or intention to create public disorder.
In addition, the state home department has decided to issue guidelines to the police whenever they mull over slapping the sedition charge. One of the many guidelines states that words, signs or representations must bring the government into hatred or contempt or must cause or attempt to cause disaffection, enmity to the government.
Source:: Indian Express
