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competition

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that is the dfa net net forse

created May 8th 2022, 04:56 by Ajit kumar Pani


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The government said the
judgment settled the ques­
tion of law and applicability
of Section 124A and needed
no further reference to a
larger Bench now.
The Centre’s note, settled
by Solicitor General Tushar
Mehta and drafted by the
Centre’s panel counsel Kanu
Agrawal, comes amid de­
bate before a three­judge
Bench led by Chief Justice of
India N.V. Ramana on
whether the sedition law in
the background of what is
said in the  Kedar Nath ver­
dict needs to be referred to a
five­ or seven­judge Bench
for a re­look.
A clutch of petitions by
senior journalists and pro­
minent bodies and perso­
nalities, represented by se­
nior advocates Kapil Sibal
and Vipin Nair, has chal­
lenged the legality of the co­
lonial law. They have argued
that the law of sedition is be­
ing rampantly misused by
the government to curb fun­
damental rights of life, dig­
nity, personal liberty, and
the freedoms to protest and
dissent.  
Mr. Sibal has argued that
there has been a “sea
change” in the law post the
1962 case law. He had re­
minded in court that “the
British have left the country.
We are a democracy now
and masters of our own fate.
We have a right to protest”.  
Mr. Sibal had said the  Ke-
dar Nath judgment had only
covered how sedition affect­
ed free speech and expres­
sion enshrined in Article 19and did not touch
upon how the provision
would snuff out the right to
life (Article 21) and right to
equal treatment (Article 14).
But the government
countered that a Constitu­
tion Bench considers a law,
and in this case Section
124A, from all perspectives,
including its impact on Arti­
cles 14, 19 and 21.  
“Merely because Article
14 and 21 are not mentioned,
would not undermine its fi­
nal judicial conclusion. The
five­judge Bench read down
Section 124A only to bring it
in conformity with Article
14, 19 and 21 of the Constitu­
tion. No reference, there­
fore, would be necessary
nor can the three­Judge
Bench once again examine
the constitutional validity of
the very same provision,”
the government submis­
sions in court argued.
The government said the
ratio and logic of the  Kedar
Nath judgment was tested
and applied successfully in
several cases, including in
the recent  Vinod Dua case,
in which the senior journal­
ist was booked for sedition
for his social media activity.
The government said that
in case the three­judge
Bench wants to reconsider
the ratio of the  Kedar Nath
judgment, it would be “ab­
solutely necessary” for it to
“first to record its satisfac­
tion that the ratio in  Kedar
Nath Singh is so patently
wrong that it needs recon­
sideration by a larger
Bench.

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