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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
five 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 affect
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
fivejudge 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
“first 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.
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
five 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 affect
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
fivejudge 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
“first 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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