Sedition law against India’s conscience; high time SC considers its 'abrogation': Moily

News Network
May 5, 2022

New Delhi, May 5: Senior Congress leader M Veerappa Moily on Thursday said the sedition law is against the conscience of the Indian nation and it is high time the Supreme Court considers "abrogating" it from the pages of criminal law.

His assertion came on a day the Supreme Court said it would hear arguments on May 10 on the legal question whether the pleas challenging the colonial era penal law on sedition be referred to a larger bench and granted time to the Centre to file its response.

The law of sedition has again reignited a public debate, including before the Supreme Court, and the public is very much focused on the subject, Moily noted.

The Britishers fully invoked this section to silence the freedom fighters such as Mahatma Gandhi and Balgangadhar Tilak, the former Union minister and a senior lawyer said.

"It has now become routine for lawmakers both in the state and at the Centre to silence the dissenters who are opposed to the view of the established governments....ultimately the law is misused to kill the democratic ethos in the country," he said.

"Real patriots are put behind bars under the provisions of Section 124 A (sedition) and democratic expression has been assaulted by the governments in power," Moily said.

While Mahatma Gandhi called Section 124A "the prince among the political sections of the IPC designed to suppress the liberty of the citizen", Jawaharlal Nehru said that the provision was "obnoxious" and "highly objectionable", and "the sooner we get rid of it the better", Moily pointed out.

"Both of them voiced conscious consensus of the freedom fighters and patriots. The nation should have scrapped the law as it inherited the colonial legacy of suppressing independent opinion. Hence the sedition law is against the conscience of the Indian nation," he said.

Moily said the second Administrative Reforms Commission in its fifth report on public order considered many provisions on federal crimes, including sedition, and recommended re-examining the offences which have inter-state or national ramification and include them in a new law.

"It is high time that the Supreme Court of India consider abrogating the law of sedition from the pages of criminal law of the country as the said law goes against the patriotic ethos of the country and intends to remove the conscience of ethos of India and also the Constitution and freedom fighters of the country," Moily said.

A special bench comprising Chief Justice N V Ramana and Justices Surya kant and Hima Kohli was also told by Attorney General K K Venugopal, who was assisting in his personal capacity, that the misuse of the provision like it happened against a Maharashtra MP for reciting 'Hanuman Chalisa' has to be stopped by laying down guidelines.

However, there was no need to refer the five-judge bench verdict of the top court in the Kedar Nath case in 1962 to a bench of five or seven judges, the top most law officer said.

The apex court had upheld the constitutional validity of the sedition law in the Kedar Nath Singh case. 

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News Network
November 14,2024

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Bengaluru: The Prime Minister Narendra Modi led union government has requested the Karnataka High Court to direct the Mandya district administration and the state government to clear a madrasa operating within the premises of the historic Jama Masjid in Srirangapatna.

The Waqf Board, opposing this move, has claimed the mosque as its property and defended the right to conduct madrasa activities there.

The matter was brought before a division bench headed by Chief Justice N V Anjaria following a public interest litigation filed by a person named Abhishek Gowda from Kabbalu village in Kanakapura taluk. The petition alleged “unauthorised madrasa activities” within the mosque.

Representing the Central government, Additional Solicitor General of India for High Court of Karnataka, K Arvind Kamath argued that the Jama Masjid was designated as a protected monument in 1951, yet unauthorised madrasa operations continue there.

He noted that concerns over potential law and order issues have so far prevented any intervention. Kamath urged the court to direct the Mandya district administration to take action and vacate the madrasa from the mosque.

In defence, lawyers for the state government and the Waqf Board contested this request, stating that the Waqf Board had been recognised as the owner of the property since 1963 and, thus, conducting madrasa activities there is lawful.

After hearing both sides, the bench adjourned the case for further arguments, scheduling the next hearing for November 20.

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News Network
November 10,2024

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Mangaluru: A tragic accident took place on Saturday at Chembugudde near Thokkottu, claiming the life of a 47-year-old woman after a tanker lorry ran over her. The victim, identified as Rahmat H Rashid, was riding pillion with her husband, Abdul Rashid G, on their scooter. 

The couple was traveling from Yenepoya Hospital to Bajpe when the scooter skidded on the poorly maintained road. Rahmat fell onto the road and was fatally struck by a tanker lorry that was coming from behind. Despite being rushed to the hospital, doctors declared her dead upon arrival.

The incident prompted a swift response from the DYFI Ullal Taluk Committee, which staged a protest on Saturday night, condemning the unsafe condition of the road. Nithin Kuthar, president of the committee, criticized MLA and Legislative Assembly Speaker UT Khader for failing to ensure safe infrastructure, despite touting the road as toll-free. 

Kuthar demanded immediate repairs, warning that the committee would march to the MLA’s office with black flags if the road is not fixed within a week.

Former DYFI State President Sunil Kumar Bajal also voiced frustration over the deteriorating condition of Thokkottu market, highlighting the struggles people face while crossing roads riddled with dangerous potholes. In response to public outcry, temporary repairs were made to the road at Chembugudde on Sunday, though locals remain wary and demand a more permanent solution. 

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News Network
November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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