Supreme Court Judges agree for hearing a petition which challenges the ignominious sedition law in India. The petition has been filed by a retired Army General.
On Wednesday, a bench led by Chief Justice of India, N.V. Ramana decided to go for an examination of the petition, which will be heard on July 15. The bench also asked the petitioner Major-General S.G Vombatkere (retd.), to serve a copy of his petition to Attorney General K.K. Venugopal through the advocates.
Kedar Nath judgement is considered the foundation stone for upholding sedition law in India. The petitioner challenges the constitutionality and validity of Kedar Nath judgement. In his argument, the petitioner says that the Kedar Nath judgement has become redundant in new paradigms of democracies, especially considering the importance of free speech.
What is 1962 Kedar Nath Judgement?
In the 1962 Kedar Nath judgement, the court upheld the sedition section 124A on the ground that without it there would be chaos if the government lost control of the state. The judgement, however, asked to curb only those expression which are likely to arouse violence, terming such expression under sedition.
The plea further argues that the time has changed since 1962. The scope of fundamental rights were rather limiting at that time. Moreover, the recent judgements in favor of homosexuals favor for more personal freedom of expression.
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