WP (C) No. 683 of 2016
PIL to address the misuse and misapplication of Section 124 A, IPC on sedition
This writ highlights misuse of law of sedition (Section 124 A IPC) by the executive to curb free speech and to crush all opposition to the ruling political party. It prays for issuance of appropriate writ to ensure procedural safeguards in use of Section 124 A. It also prays that cases of sedition pending in various courts be reviewed to confirm that the “seditious act” under which the case was booked either lead to the incitement of violence or had the tendency or the intention to create public disorder in cases.
In its order dated 5th September 2016, the Court held that the authorities, while dealing with offences under section 124A of IPC, shall be guided by the principles laid down by the Constitution Bench in Kedar Nath Singh vs State of Bihar, 1962.