A representation was made by the Delhi High Court Lawyers Forum before the Supreme Court with regards to the recent arrest of Disha Ravi. It asked the SCI to revisit the constitutional validity of the Section 124A of IPC (sedition) which led to the detention of the climate activist in connection with the toolkit of Greta Thunberg.
It was highlighted that Disha has no criminal antecedents and that she was willing to cooperate with the investigation, further adding that she is not a flight risk, and there is no evidence to suggest that she was working with any banned organizations or doing anything remotely close to inciting violence against the State. Yet, it stated, that she was arrested by the Delhi Police, in complete derogation of the criminal law procedure.
The Lawyers Forum claimed that the law of sedition under Section 124A of the IPC is being misused to terrorize young and patriotic Indians and, that the time has come for the Supreme Court to revisit the issue of the Constitutionality of Section 124 A of the Indian Penal Code and remove this redundant colonial tool of silencing citizens in a democracy.
The Lawyers Forum said that young women are often arrested under very serious charges of sedition. It also added that lately, a pattern has emerged, when the time of filing of a charge sheet is about to elapse, the draconian Unlawful Activities Prevention Act is imposed upon them to avail the stringent bail provisions contained therein.
The representation expressed grave concern at rampant arrests of young women, merely for exercising their fundamental right to freedom of speech and expression, by engaging in democratic protests. It referred to the case of Balwant Singh & Anr. Vs State of Punjab, 1995 (1) SCR 411, where the Petitioners were accused of raising, pro-khalistani slogans on the day of the assassination of the then PM Indira Gandhi. In this case, the Apex Court had unequivocally held that raising of lonesome slogans by some individuals does not pose a threat to the Government of India and does not constitute an offence under Section 124A of IPC; even though the slogans unequivocally call for the overthrow of the government.
“We feel that the Bar and Bench cannot watch silently as young people are forced into long incarceration. Even when the slow wheels of justice come to their aid and uphold their innocence, they lose the best years of their youth and the opportunity to serve the nation with their idealism. History will wonder, where the Indian Judicial system was when the Anne Franks of India were being dragged away without due process of law or any offence commensurate to our Constitutional Scheme,” the Forum added.
