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India's top court bars the Hindu nationalist govt’ to use the controversial sedition law against critics 

India's top court bars the Hindu nationalist govt’ to use the controversial sedition law against critics 

 

MD Mesha

 

NEW DELHI (TSAT) - The Indian Supreme Court on Wednesday rejected the government's arguments and barred authorities to use the controversial sedition law against BJP and Prime Minister Narendra Modi's critics.

 

Since 2014, when Modi came to power, his government using colonial-era sedition law against those who are criticizing his anti-minorities policies. 

 

The top court ordered that the controversial law will be on hold as the government reviews it and those in jail can approach courts for bail, NDTV reported.  

 

The 152-year-old law, which the British colonial government used against Mahatma Gandhi and other leaders of a campaign for independence, remained on the books after India's 1947 independence and has been used by governments since then.

 

However, the misuse of said law increased following Modi’s taking power in 2014, and hundreds of critics including journalists and human rights activists were arrested by the BJP-led government. 

 

"It will be appropriate not to use this provision of law until further re-examination is over," Chief Justice N. V. Ramana ruled.

 

Prime Minister Narendra Modi's government had told the court this week it was reviewing the law, which says anyone bringing hatred or contempt, or incites disaffection towards the government, can be punished with up to life in prison.

 

The Law Commission of India and even the Supreme Court have at various times commented on what they have said was rampant misuse of the sedition law against social activists, writers, and students, according to Retures. 

 

"It will be appropriate not to use this provision till further re-examination is over. We hope and expect the Centre and state will refrain from registering any FIR under Section 124a (sedition). All pending proceedings to be kept in abeyance," said Chief Justice of India NV Ramana.

The top judge warned the government that if any fresh case was registered against anyone, the courts must "expeditiously dispose" of them, according to NDTV.

 

The country's law minister expressed displeasure over the top court verdict and said there is a demarcation of boundary and that should not be crossed by anybody.

 

"We've made our positions very clear and also informed the court about the intention of our PM (Prime Minister Narendra Modi). We respect the court and its independence. But there's a 'Lakshman Rekha' that must be respected by all organs of the state in letter and spirit. We have to ensure that we respect the provisions of the Indian Constitution as well as existing laws," the broadcaster quoted Union Law Minister Kiren Rijiju as saying.

"We respect each other, the court should respect government, legislature, so as government should also respect court. We have clear demarcation of boundary and that Lakshman Rekha should not be crossed by anybody," Mr Rijiju added.

However, he refused to answer when journalists asked him that he is threatening to the country’s top court?

 

 

 

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