Editor's Pick: A ‘colonial’ relic

In an unprecedented bout of judicial criticism against the sedition law, Chief Justice of India N.V. Ramana has asked the government why a colonial law used against Mahatma Gandhi and Bal Gangadhar Tilak continued to survive 75 years after Independence. Pointing out that the law had the scope of being used by the government to crush civil liberties, Justice Ramana said the sedition law or Section 124A of the Indian Penal Code was prone to misuse. “The use of sedition is like giving a saw to the carpenter to cut a piece of wood and he uses it to cut the entire forest itself,” he said. Heading a three-Judge Bench, the CJI is hearing a plea by retired Major General S.G. Vombatkare who argues that the 1962 Kedar Nath verdict, which read down the colonial-era law, was not enough to mitigate the “chilling effect” of the Section. The CJI’s oral statement in open court on Thursday, addressing Attorney General K.K. Venugopal and Solicitor-General Tushar Mehta, who are appearing for the Centre, takes a significant note amid rising public denouncement of Central and State law enforcement agencies using the law to silence dissent, muzzle free expression and deny bail to jailed activists, journalists, students and other members of civil society. A number of petitions have been filed highlighting the “chilling effect” sedition has on the fundamental right of free speech. The CJI’s remarks have also opened the floor for debate and introspection on the court’s own verdict in 1962, in the Kedar Nath case, which upheld Section 124A. The CJI drew the attention of the Attorney General to the conviction rates under sedition. “If you look at the history of use of this Section 124A of IPC, you will find that the conviction rate is very low. There is misuse of power by executive agencies,” the Chief Justice said. The CJI asked the government why it did not throw out the sedition law along with the hundreds of “stale laws” it had expunged from the statute books. The debate around a pre-constitutional law and the strong remarks by the Chief Justice that it is a serious threat to the functioning of individuals makes it the top story of the day. The Hindu's Editorials Ending the impasse: On India-China ties Growing precarity: On fuel prices and rising inflation Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor's Pick and more. Click here Try out The Hindu's daily news quiz Who is the newly appointed Leader of the House in the Rajya Sabha? 1. Thawar Chand Gehlot 2. Piyush Goyal 3. Nitin Gadkari 4. Prakash Javadekar To find out the answer and play the full quiz, click here [logo] Editor's Pick 16 JULY 2021 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( A ‘colonial’ relic [A ‘colonial’ relic] In an unprecedented bout of judicial criticism against the sedition law, [Chief Justice of India N.V. Ramana has asked]( the government why a colonial law used against Mahatma Gandhi and Bal Gangadhar Tilak continued to survive 75 years after Independence. Pointing out that the law had the scope of being used by the government to crush civil liberties, Justice Ramana said the sedition law or [Section 124A of the Indian Penal Code]( was prone to misuse. “The use of sedition is like giving a saw to the carpenter to cut a piece of wood and he uses it to cut the entire forest itself,” [he said](. Heading a three-Judge Bench, the CJI is hearing a plea by retired Major General S.G. Vombatkare who argues that the 1962 Kedar Nath verdict, which read down the colonial-era law, was not enough to mitigate the “chilling effect” of the Section. The CJI’s oral statement in open court on Thursday, addressing Attorney General K.K. Venugopal and Solicitor-General Tushar Mehta, who are appearing for the Centre, takes a significant note amid rising public denouncement of Central and State law enforcement agencies using the law to silence dissent, muzzle free expression and deny bail to jailed activists, journalists, students and other members of civil society. A number of petitions have been filed highlighting the “chilling effect” sedition has on the fundamental right of free speech. The CJI’s remarks have also opened the floor for debate and introspection on the court’s own verdict in 1962, in the Kedar Nath case, which upheld Section 124A. The CJI drew the attention of the Attorney General to the conviction rates under sedition. “If you look at the history of use of this Section 124A of IPC, you will find that the conviction rate is very low. There is misuse of power by executive agencies,” the Chief Justice said. The CJI asked the government why it did not throw out the sedition law along with the hundreds of “stale laws” it had expunged from the statute books. The debate around a pre-constitutional law and the strong remarks by the Chief Justice that it is a serious threat to the functioning of individuals makes it the top story of the day. The Hindu's Editorials [Arrow][Ending the impasse: On India-China ties]( [Arrow][Growing precarity: On fuel prices and rising inflation]( [underlineimg] Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor's Pick and more. 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