Why is the “colonial law” of sedition necessary after 75 years of independence, asks the government’s CJI?
Section 124A of the Indian Penal Code
Daily NEWS Summary | 15-07-2021; Chief Justice of India NV Ramana, in what could be an unprecedented judicial critique of how the government is using the sedition law to crush freedoms, asked why a colonial law used against Mahatma Gandhi and Bal Gangadhar Tilak continued to survive. in the law book. after 75 years of independence.
“Sedition is a colonial law to suppress freedoms. It was used against Mahatma Gandhi, Tilak … Is this law necessary after 75 years of Independence? ““Sedition is a colonial law. Suppress freedoms. It was used against Mahatma Gandhi, Tilak … Is this law necessary after 75 years of Independence? “
- The CJI said that sedition or section 124A of the Indian Penal Code was susceptible to kidnapping by the government. “Using sedition is like giving the carpenter a saw to cut a piece of wood and he uses it to cut down the entire forest,” criticized the Chief Justice Ramana.
- The CJI’s public hearing oral statement has an important note amid growing public denunciations by central and state law enforcement agencies that use the sedition law to silence dissent, hamper freedom of expression, and deny bail activists, journalists, students and members of civil society.
- Several petitions have been filed highlighting the “paralyzing effect” that sedition has on the fundamental right to freedom of expression.
- The CJI’s statements also opened a space for debate and introspection on the court’s own judgment in 1962, in the Kedar Nath case, which upheld article 124A.
- The CJI drew the attorney general’s attention to the sedition conviction rates. “If he looks at the history of use of this section 124A of the CPI, he will find that the conviction rate is very low. There is an abuse of power by the executive agencies, ”said the Chief Justice.
- The CJI asked the government why it had not removed the sedition law and the hundreds of “outdated laws” it had removed from the statutes.
- “Your government is removing a lot of outdated laws from the law books, why haven’t they investigated them? Chief Justice Ramana asked Venugopal.
- People suffered and were frightened by the abuse of the sedition law, said Chief Justice Ramana. “We do not blame any particular government or state. But look at how section 66A of the Information Technology Act is still used … How many unlucky have suffered? And there is no responsibility for any of this … “
- The CJI said that the broad powers of Section 124A give carte blanche even to a village policeman to violate the right to liberty and freedom of expression of ordinary citizens.
“If a policeman wants to fix someone in a city for something, he can use section 124A… People are afraid. Our concern is the abuse of the law and the lack of accountability. Why did this continue in the statutes even after 75 years of our independence? “Chief Justice Ramana has repeatedly called for justice from government officials.
- The Chief Justice said that the Supreme Court “will certainly examine this section 124A.”
- “The situation on the ground is serious … If one of the parties does not like what the other says, article 124A is used … It is a serious threat to the functioning of the persons and the disappeared”, said Chief Justice Ramana.
- Venugopal argued that the court does not need to repeal section 124A. “Just check to see if there has been an overuse and limit the section to its actual purpose … That would be enough,” Venugopal said.
- The Court sent a notification to the Center regarding a petition filed by retired Army General S.G. Vombatkere, represented by Defenders P.B. Suresh and Prasanna S., to void Section 124A.
The Maharashtra government says the arguments of Bhima Koregaon’s defendants are “false”
Daily NEWS Summary | 15-07-2021; The Maharashtra government told the Bombay High Court on Thursday that the statement challenging the order extending the time limit for filing an indictment in the Session Court’s Bhima Koregaon violence case was “false”.
- Attorney General (A-G) Ashutosh Kumbhakoni was arguing in a court of law of S.S. Shinde and N.J. Jamadar.
- The court heard a petition filed by Sudha Bharadwaj with other defendants in the case alleging that Judge KD Wadane was not allowed to see the additional indictment and grant an extension to the police from Pune to present the indictment.
- Kumbhakoni pointed out that on May 17, 2018, provisions of the Prevention of Illicit Activities Act (UAPA) were added to the case, and on January 24, 2020, the Center issued an order to transfer the investigation to the ‘National Investigation Agency (NIA).
- He said the petitioners’ argument is that the NIA Special Tribunal comes into play after the UAPA is added. But just because a special tribunal has been appointed doesn’t mean the NIA tribunal will come into play, he added.
- The judiciary asked: Special courts have been set up, so why not take the case to the special courts?
- The A-G responded that the special courts only come into play after the NIA comes on the scene.
- He also said the NIA Special Court had no jurisdiction to try and decide on pre-trial proceedings and, according to the UAPA, the prosecution had no choice but to go to court. sessions.
- Discussions will continue on July 23.
- At the last hearing, lawyer Yug Chaudhry representing Ms Bharadwaj, who is housed at Byculla prison, indicated that Wadane had approved two important orders, the first of which was dated November 26, 2018, when a 180-day extension has been granted.
- “Time limit given to the Pune police to present the indictment in the case, as opposed to the mandatory 90 days under the Code of Criminal Procedure.
- He said that on December 21, 2019, Wadane received the indictment, learned about it and issued proceedings.
- Chaudhry also said Wadane acted outside his jurisdiction and was not authorized to do so.
Hold by-elections with seven vacant Assembly seats in Bengal, Trinamool urges EC
Daily NEWS Summary | 15-07-2021; A delegation of six from Trinamool Congress met with the Election Commission on Thursday to urge it to hold elections for seven vacant Assembly seats in West Bengal, arguing that the number of Covid-19 cases today was 17 times lower than in April-May, the votes of the Assembly have been taken.
- The delegation included Lok Sabha MPs, Sudip Bandhopadhyay, Saugata Roy, Kalyan Banerjee, Kakoli Ghosh Dastidar and Rajya Sabha MPs Derek O’Brien and Sukhendu Sekhar Ray.
- It is essential for the TMC that these by-elections take place before November for Mamata Banerjee to continue as chief minister.
- Article 164 (4) of the Constitution establishes: “A minister who, for a period of six consecutive months, is not a member of the state legislature, at the expiration of this period, shall cease to be minister.
- Having lost Nandigram’s seat at the polls in the Assembly by a margin of 1,956 votes, she is currently not a member of the Assembly.
- Banerjee was sworn in on May 5 and has until November 5 by law.
- She expected to be elected to the assembly seat in Bhabanipur, her local constituency. To facilitate the elections, MP and Minister Sobhandeb Chattopadhyay resigned their seats on May 21.
- Seven-seat Assembly by-elections: Shamsherganj and Jangipur in Murshidabad, where the candidates died before the elections were held; Santipur and Dinhata, where elected BJP MPs (Jagannath Sarkar and Nisith Pramanik) were not sworn in as MLA members; and Khardah and Gosaba, where the selected candidates died after the elections were held, and Bhabanipur, must be in the state.
- The TMC delegation, in a memorandum submitted to the EC, said the law requires vacancies to be filled within six months.
- In April 2021, when the eight-phase elections were held in the state, the number of Covid-19 cases rose from 6,000 cases per day to 17,000 per day, the memorandum notes.
- The number of cases was now 17 times lower with fewer than 831 cases reported in July based on Wednesday’s data, the note said, saying it was a good time for the polls to be held.
NHRC panel recommends CBI investigate heinous crime allegations after Bengal polls
- The committee of the National Human Rights Commission, formed to investigate allegations of post-election violence in West Bengal, recommended that cases of heinous crimes be referred to the IWC.
- In its report to the Calcutta High Court on Monday, the panel said it received 1,979 complaints covering more than 15,000 victims during its investigation, which included a visit to the state from June 24 to July 10.
- The Calcutta High Court-ordered panel, led by NHRC member Rajiv Jain, concluded that the state government had shown apathy towards the victims and that there had been “punitive violence” by supporters of the Trinamool Congress.
Rishabh Pant between two members of the Indian team diagnosed with Covid-19 in the UK.
Daily NEWS Summary | 15-07-2021; At least two members of the Indian Cricket team touring the UK have been diagnosed with Covid-19. Wicketkeeper-batsman Rishabh Pant and Dayanand Garani reportedly contracted the virus during the Indian squad’s break after last month’s Trial World Championship final loss to New Zealand.
- As a result, the Indian team, meeting in London for the past two days, traveled to Durham without five people due to Covid-19 issues.
- In addition to Pant and Garani, substitute starter Abhimanyu Easwaran, Wriddhiman Saha and bowling coach Bharat Arun have been isolated for being in close contact with Garani.
- The three suspects who have been in close contact with Garani are understood to have tested negative so far and have been asked to remain in isolation until Sunday. If your Sunday test is negative, you can join the rest of the group in Durham on Monday.
- The surge in Covid-19 cases has cast a shadow over India’s preparation for the round of five tests against England, which begins in Nottingham on Aug. India will face SelectCounty XI in a preparation match in Durham from July 20.
- It is understood that once it was confirmed that Pant, who attended a Euro Cup match at Wembley, had contracted the virus last week, three other players, a spinner, a playmaker, and a playmaker, have gone through a period of isolation before. to be allowed entry. the biosecure bubble and board the bus to Durham.
Covid updates: The number of reported coronavirus cases in India was 3,10,20,392 at the time of this bulletin, with a death toll of 4,12,460.