Farmers Union challenges sedition law in High Court

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LE Correspondent

Chandigarh, July 26, 2021: A farmers’ union moved the Punjab & Haryana High Court on Monday to challenge the constitutional validity of Section 124-A of the Indian Penal Code — or the sedition law — in the wake of registration of a case under the charge against 100 farmers for protesting against the Speaker of the Haryana Legislative Assembly.

On July 11, the farmers protesting in Sirsa district against the three controversial agricultural laws introduced by the Centre were booked as per as FIR registered the same day under sections 120-B, 124-A, 147, 148, 149, 186, 307, 323, 332, 341, 353, 427 IPC registered at Police Station, Civil Lines, Sirsa.

According to the farm union, the abuse of the law of sedition continues unchecked with cases being filed to silence critics thereby creating a chilling effect on the right to protest. 

“After reading the FIR, one wonders, how can sedition and murder charges be justified if a windscreen of a vehicle was broken?” the petition asked.

“It appears that the Govt. is using terrorising tactics against farmers, merely because the farmers have been showing black flags to BJP leaders. The FIR is false, frivolous and cooked up,” the petition claimed.

The plea also stated that while granting bail to the accused arrested by the police, the Sessions Judge, Sirsa in its order dated 22.07.2021 observed that the commission of offence of Sedition under Section 124-A IPC in the present case is doubtful.

The present petition was filed under Article 226 of the Constitution of India challenging the constitutional validity of Section 124A of the Indian Penal Code, 1860, as being violative of Articles 14 and 19(1)(a) of the Constitution of India, stated the petition.

According to the petitioner farm unions, sedition is a colonial law which was used expressly to suppress dissent by the British in India. After India became a democracy, this law was challenged as being violative of fundamental right to freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution of India in Kedar Nath Singh v State of Bihar.

Advocate Pardeep Rapria, who is representing the petitioners, stated that the Chief Justice of India on 15th July had remarked in open court that sedition law is being misused by the authorities to trample upon citizens’ fundamental rights of free speech and liberty.

The case is likely to be listed this week, he said. 

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