Sedition and Section 144 CrPC
SEDITION AND SECTION 144 Cr.P.C.
- Anshit Aggarwal, Symbiosis Law School, Pune
INTRODUCTION
Riots, public hatred against the laws of land or the government of country, affray and any such other violence can be seen commonly happening in India. Article 19(1)(a) of The Indian Constitution gives all citizens Right to Freedom of Speech and Expression but it need to be read with Article 19(2) which lays down the certain restrictions to Right to Freedom of Speech and Expression. If any of the citizen is found violating the Article 19(2) then it would amount to sedition and could be charged under:
Section 124 A of The Indian Penal Code defines Sedition as “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in [India] shall be punished with [imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”
In Furtherance, if the magistrate of the district thinks that the words of an individual will lead to affray, riots or public nuisance then they can use:
Section 144 of Code of Criminal Procedure deals with “power of magistrate to issue order in case of public nuisance of apprehended danger by written statement ordering the material facts of the case. In which he can public to stand together in order to prevent or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquillity, or a riot, of an affray.”
EXAMPLES OF SEDITION AND SECTION 144.
“A peaceful protest is the essential right in a vibrant democracy as of ours, but this right is subject to certain exceptions provided under the Constitution of India.”
1. CITIZENSHIP AMENDMENT ACT:
CAA triggered violent outcry from thousands of people who believed that the bill to discriminatory. Many political leaders and general public was giving hatred speeches in which particular communities were subject matter as the act relaxes citizenship norms for all non-Hindu Minority from Pakistan, Bangladesh and Afghanistan and print media was made the source to make such information available throughout the country which lead to protest on the roads which forced the Indian government to enforce Section 144 of The Code of Criminal Procedure in the states of Bengaluru, Delhi, Karnataka and Uttar Pradesh.
2. CARTOONIST ASEEM TRIVEDI, 2011:
He was arrested in Mumbai under IPC Section 124 (sedition), section 66 A of Information Technology Act and section 2 of Prevention of Insults to Nation Honour Act. The Kanpur-based artist had been accused of putting up banners mocking the Constitution during a rally of anti-corruption crusader Anna Hazare in Mumbai and posting the same on his website which also lead to riots and public nuisance and Section 144 of Cr.P.C was enforced.
3. JAMMU AND KASHMIR — REMOVAL OF ARTICLE 370:
On 6 August, 2019 an order was passed by the Indian Government for replacing of text of Article 370 which gave the J & K the status of Union Territory of India. During these thousands of Amarnath Yatra Pilgrims were asked to leave Kashmir immediately as Section 144 was imposed due to hatred speech against the government by political leaders like Omar Abdullah and Mehbooba Mufti. Since they were against the amendment and which triggered the Muslims and there was apprehended danger. For near about 138 days this section was imposed and life in Kashmir stood standstill for weeks as people across the region had no clue about the situation.
4. KANHAIYA KUMAR, STUDENT OF JNU:JNU Student Leader, Kanhaiya Kumar was arrested in February 2016 on the charge of sedition. He was arrested for inciting violence through unlawful speech, allegedly spread not all over India but also across the world. This arrest has raised political turmoil in the country by which academicians and activists protesting against this move by the Government. On March 2, 2016, the videos purporting to show this activity were found to be fake and he was released after three weeks in jail.
There are many such examples like The Aarey Controversy, Sharad Pawar v. Ed, Extreme heat wave in Bihar etc. in which both the laws of Sedition and Section 144 of The Code of Criminal Procedure were applicable.
RATIONALE FOR APPLICATION OF SECTION 144 AND SEDITION:
• Annoyance:Annoyance can either be emotional or physical. This segment covers all kinds of irritation. Section 144 of the Code of Criminal Procedure can also be used against newspapers in appropriate cases of incitement to breach the peace or to conduct disturbance, hazardous to life or safety or to harass legitimately working officers.
• Disturbance of Public Tranquillity: Any kind of public tranquillity also leads to the application if both sedition and Section 144 of The Code of Criminal Procedure.
LAW OF SEDITION v. FREEDOM OF SPEECH: IN RELATION TO SECTION 144 Cr.P.C.
Sedition case has a traditional defence that the operation was carried out pursuant to Article 19(1)(a). It was his freedom of expression under which he made such declarations. But what people are not conscious of is Article 19(2), which states that a speech or an act should not be anything against the state that might offend or threaten anyone. When it is capable of creating disorder in the country, Article 19(1)(a) cannot be used to protect it. Any act that incites others to undermine the nation\'s peace and dignity would be considered sedition. Freedom of speech will not be named and if any such of nuisance leads to riots or affray or the magistrate apprehends the injury to the general public then he can use his power given to him under Section 144 of the Code of Criminal Procedure which states that on its enforcement no more than four people can make an assembly if constituted it will be called unlawful assembly.
PRO’S AND CON’S OF SECTION 144 Cr.P.C OVER SEDITION.
As already discussed riots and protests that are result of hatred speech and expression can be commonly seen in India due to Political and Religious agendas which needs to be controlled. It can only be controlled with the help of section 144 of the Code of Criminal Procedure. But sometimes it may amount to violation of the fundamental right of speech and expression under Article 19 (1) (a) and it is not specifically tailored towards the kinds of danger.
CONCLUSION:
Democracy is worthless without liberty and sedition as understood and enforced by the police and governments is a violation of it. Caution should be added to the term "sedition." It\'s like a gun that shouldn\'t be used to kill a mouse; but the weapon still requires gun ownership, often as a threat, and sometimes for shooting.After diligent review of the section involved in the light of judicial pronouncements and scholarly opinions, it can be concluded with the statement that, while optional, section 144 is an important law in the collection of steps taken by the executive body of every district to prevent and handle emergency situations arising out due to sedition.
REFERENCES
1. The Indian Penal Code, Section 124A
2. The Code of Criminal Procedure, Section 144
3. Jishnu J Raju, Sedition in India: Section 124 A of IPC vs Freedom of Speech, https://www.clearias.com/sedition-in-india/, accessed on 01-05-2020
4. Preet Soni, Instances on Section 144, https://www.businessinsider.in/india/news/caa-protests-traffic-snarls-in-national-capital-delhi-gurgaon-border-chokes-with-vehicles/articleshow/72882208.cms, accessed on 01-05-2020
5. Kanhaiya Kumar Case, https://www.newindianexpress.com/cities/delhi/2017/apr/28/police-question-jnu-students-in-kanhaiya-sedition-case-1598800.html, accessed on 01-05-2020
6. Jatin Verma, A Critical Analysis of Section 144, https://www.jatinverma.org/a-critical-analysis-of-section-144, accessed on 01-05-2020.
7. Suvir Raghuvansh, Sedition in India, http://ijlljs.in/wp-content/uploads/2017/12/Essay.pdf
