Sedition Law Hinders Full Realization Of Free Press: Journalists Patricia Mukhim and Anuradha Bhasin Move Supreme Court Against Section 124A IPC
3 years, 8 months ago

Sedition Law Hinders Full Realization Of Free Press: Journalists Patricia Mukhim and Anuradha Bhasin Move Supreme Court Against Section 124A IPC

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Another petition has been filed before the Supreme Court challenging the constitutional validity of the offence of sedition as codified in Section 124A of the Indian Penal Code. The petition has been filed by two women journalists, Patricia Mukhim and Anuradha Bhasin, claiming that the use of sedition offence to intimidate, silence and punish journalists, has continued unrestrained and the lived experience of the last six decades leads to an irresistible conclusion that unless the impugned provision is deleted from the IPC, it will continue to "haunt and hinder" the full realization of the right to free speech and the freedom of the press. It refers to various Supreme Court judgments starting form RC Cooper v. Union of India 1 SCC 248, where a 11-Judges Bench had held that the real test of constitutionality lay not in the object of the legislation but in the "real impact" it has on the life of an individual. The instant plea points out that the said judgment upheld the constitutionality of Section 124A IPC when it was classified as a non cognizable offence, which is no longer valid law, as the offence of sedition is now a cognizable and non-bailable offence since 1973 under the Code of Criminal Procedure, and consequently its vires and impact on life and liberty needs fresh judicial scrutiny.

History of this topic

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