Law Of Sedition Cannot Be Invoked To Quieten The Disquiet Under Pretence Of Muzzling Miscreants: Delhi Court

A Delhi Court on Monday granted bail to a 21 year old labourer who was accused of sedition and forgery for posting a fake video on his Facebook page relating to the senior officer of the Delhi Police in the wake of Farmers Protest.

Dharmender Rana, Additional Sessions Judge granted bail to the accused after observing that the accused was not the author of the said post and had merely forwarded it.

According to the prosecution, the accused had posted a fake video on his facebook page with the tagline "Delhi Police mae bagawat 200 police karmiyon ne diya samuhik istifa. Jai Jawaan Jai Kisan# I_Support_ Rakesh_ Tikait_ Challenge" (There is a rebellion in Delhi Police and around 200 police officials have given mass resignation. Hail the soldier. Hail the farmer)

However, the posted video was related to an incident wherein a senior officer of Delhi Police was briefing police personnel at the protest site and also encouraging them to tackle the situation properly.

Learned APP appearing for the State argued that the sensational post made by the accused on Facebook was done with the intention of "spreading dissatisfaction against the State" and therefore, bail should not be granted to him.

Another submission made by the Learned APP against the accused was with regards to the charge of forgery. According to the State, the accused made a Facebook page with a fake message, a false document as provided under Section 464 clause First (b).

The Court after personally watching the video in the Court room observed that:

"Evidently a senior police officer of Delhi Police is raising slogans, in a very agitated tone, and a group of Delhi Police personnel are seen standing besides him. The background voices also suggests a very charged up atmosphere. It was informed by the IO that the applicant is not the author of the said post and he has merely forwarded it. The applicant/accused is reported to be a 21 years old labourer"

Commenting on the law of sedition after relying on the famous Kedar Nath judgment, the Court went ahead to observe:

"The law of sedition is a powerful tool in the hands of the state to maintain peace and order in the society. However, it cannot be invoked to quieten the disquiet under the pretence of muzzling the miscreants. Evidently, law proscribes any act which has a tendency to create disorder or disturbance of public peace by resort to violence. In the absence of any exhortation, call, incitement or instigation to create disorder or disturbance of public peace by resort to violence or any allusion or oblique remark or even any hint towards this objective, attributable to the applicant accused, I suspect that Section 124 A IPC can be validly invoked against the applicant. In my considered opinion, on a plain reading of the tagline attributed to the applicant/accused, invocation of Section 124 A IPC is a seriously debatable issue."

In view of this, the Court granted bail to the accused on his furnishing bail bond in the sum of Rs.50,000/- with one surety in the like amount.

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