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Redefine arrest under sedition charges, court tells Maharashtra government

Mumbai - Many cases have cropped up in recent years in which the authorities arbitrarily arrested people and slapped charges of sedition against them.

The Maharashtra government has been directed by the Bombay High Court not to act on its circular defining conditions under which police can arrest a person on sedition charges.
Taking up a public interest litigation challenging the government circular, the court on Tuesday was told by the government that a new circular would soon be issued. The court directed that the existing one should be withdrawn and no action should be taken on its basis.
A lawyer had filed a PIL in the court challenging the government circular, claiming that it would deprive the people's freedom of speech and expression. Junior police officials might not have the requisite training to grasp the consequences of the stringent provisions of the circular, the petitioner claimed.
Many cases have cropped up in recent years in which the authorities arbitrarily arrested people and slapped charges of sedition against them. About three years ago, a cartoonist, Aseem Trivedi was arrested and sedition charges were filed against him for allegedly objectionable cartoons.
The court had then slammed the government following the filing of a PIL. It had also asked the government to draw up guidelines for the application of sedition charges. The Maharashtra government had promised that the guidelines would soon be issued through a circular.
Last month, the state government finally came out with the guidelines, which were criticised by activists and political parties. The circular said the sedition clause could be invoked against "whoever, by words, either spoken or written, or by signs or by visible representation, is critical of politicians, elected representatives belonging to the government."
While those trying to bring a change in government through legal means would not face sedition charges, those attempting to bring into hatred or contempt, dissatisfaction and provoking violence against the central or state governments would be slapped sedition charges, the circular had said.
Opposition parties including the Nationalist Congress Party and the Congress had criticised the government for the stringent provisions. The NCP's Dhananjay Munde claimed the circular would bring an 'Emergency-like situation' in the state.
Interestingly, while the BJP was in opposition, it had criticised the misuse of the sedition law, and now when the Congress-NCP are outside the government, they are lashing out at the anti-democratic credentials of the ruling alliance.
nithin@khaleejtimes.com