Govt can’t slap sedition charge for criticism: HC

[related-post]

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.

The section aims at rendering penal action only such activities as would be intended, or have a tendency, to create disorder or disturbance of public peace by resort to violence, the judges observed.

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, “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 the 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 (Central or State) into hatred or contempt or must cause or attempt to cause disaffection, enmity or disloyalty to the government.

“The representation must also be an incitement to violence or must be intended or tend to create public disorder or a reasonable apprehension of public disorder,” says the guideline.

aamir.khan@expressindia.com