KEDAR NATH SEDITION RULING

KEDAR NATH SEDITION RULING

Subject: Governance

Context: The Supreme Court quashed case of sedition filed against journalist Vinod Dua for allegedly making remarks against Prime Minister Narendra Modi and the government’s handling of the migrant crisis during the Covid-19 lockdown last year.

Concept:

• Section 124A of the IPC penalises sedition as punishable with either imprisonment ranging from three years to a lifetime, a fine, or both.
• The Supreme Court shielded Dua from arrest earlier and the case itself was quashed recently by a two-judge bench comprising Justice U ULalit and Justice Vineet Saran.
• It held that his remarks constituted genuine criticism of the government and could not be labelled seditious. In doing so, the court also reiterated the principles in the landmark case on sedition — KedarNath Singh v Union of India (1962).

KedarNath Singh v. State of Bihar (1962)

• In the landmark 1962 KedarNath Singh case, the Supreme Court upheld the constitutional validity of the sedition law, but it also attempted to restrict its scope for misuse.
• The court held that unless accompanied by an incitement or call for violence, criticism of the government cannot be labelled sedition.
• “Strong words” of disapproval about the ruling regime did not amount to sedition.