Senior journalist Sashi Kumar approaches SC against sedition offence

Senior journalist Sashi Kumar has approached the Supreme Court challenging the constitutional validity of the offence of sedition. He argued that this provision has created a "chilling effect on free speech" and suffers from defects of "vagueness and overbreadth".

He pointed out the recent increase in cases under Section 124A IPC to argue that it was being applied in a "politicised fashion".

The petition also referred to the cases against journalist Siddique Kappan, activist Disha Ravi, Lakshadweep filmmaker Aisha Sulthana, journalist Vinod Dua, Vinod K Jose, Shashi Tharoor MP to argue that the provision is being misused to target those who criticise the government.

The petition points out the use of sedition by colonial rulers to suppress the freedom movement, and refers to the Constitutional Assembly Debates where members like Jawaharlal Nehru, M Ananthasayanam Ayyangar, KM Munshi, etc spoke at lengths about the "obnoxious" nature of it, reported Live Law.

Quoting the words of Mahatma Gandhi, he said that the offence of sedition is perhaps the prince among the political sections of the IPC designed to suppress the liberty of the citizen. He added that he is "happily charged" with the same.

The application reads that section 124A consistently fails to acknowledge the narrow scope for restriction of freedom of speech allowed by Article 19 (2). The applicant drew attention to the latest developments in free speech jurisprudence after the decisions in Shreya Singhal, KS Puttaswamy, Navtej Johar, Joseph Shine cases, said the Live Law report.

In 2019, over 3000 people were charged with sedition for protesting against the Citizenship Amendment Act. Over 3,300 farmers engaged in land disputes were also charged with the same.

Sashi Kumar has filed an intervention application in the writ petition by Kishorechandra Wangkhemcha and another versus Union of India filed by two Manipur-based journalists questioning the same.

The Supreme Court will consider the main writ petition on July 12.

Sashi Kumar is the founder of Asianet and is the current chairman of the Asian School of Journalism.