Violent Protest, Sloganeering Against Govt Or Expressing Dissent Not Always Sedition: Punjab & Haryana High Court

The Punjab and Haryana High Court has observed that mere participation in a violent protest, raising slogans against the government, or expressing dissent does not automatically amount to the offence of sedition.

Justice Vinod S. Bhardwaj and Justice Sukhvinder Kaur said,

"violent protest may amount to rioting but such action of violence would not be perceived as an act of bringing in hatred or contempt against Government. A sloganeering against the Government or wings of governance, in an elected democracy, would not be sufficient to slap charges of sedition against its citizens."

The Court further added, "a frustration or dis-satisfaction or even outrage is not a disaffection or hatred. Court is hence required to ensure that when the charge becomes grave and the punishment harsh, the ingredients and their existence is strict."

These observations were made while dismissing a State appeal against the acquittal of four persons accused of vandalising and setting ablaze the office of the Uttar Haryana Bijli Vitran Nigam Limited (UHBVN) at Kalayat, Kaithal, in August 2017, allegedly in protest against the conviction of Dera Sacha Sauda chief Gurmeet Ram Rahim Singh.

The Court held that the prosecution had failed to establish either the identity of the accused or the ingredients of the offences, including sedition, arson and mischief.

"The evidence on record is merely suggestive of slogan against Government, which is only a means of expressing dissent and not hatred/contempt or dis-affection," it observed.