Sedition charge on JNU leader shocking: PUCL statement

Press Statement by People’s Union For Civil Liberties (Delhi unit)   (Attched also)

PUCL,Delhi condemns the  action of Delhi Police  in arresting JNUSU President on charges of sedition.

It is shocking that the Delhi Police has arrested the President of the Jawahar Lal Nehru University Students Union (JNUSU) on the charges of  ‘sedition’ –a provision of law about which  Jawahar Lal Nehru, the first Prime Minister of India, had said in 1951,     “Now as far as I am concerned that particular Section is highly objectionable and      obnoxious and it should have no place…in any body of laws that we might pass. The sooner we get rid of it the better.”

The provision of section 124-A of the Indian Penal Code, which provide  punishment for ‘sedition’ was enacted by the British to silence all opposition to its autocratic rule. This provision had been used  by the British against  Bal Gangadhar Tilak,  Mahatma Gandhi, M.N.Roy, Maulana Hasrat Mohani,   and many other freedom fighters. It is unfortunate that the governments in free India have been misusing this  anachronistic  colonial era law  from time to time  in order to silence the voices of dissent.  The human rights organizations, especially PUCL, for many years have  been campaigning  for its repeal.

The action of the Delhi Police is  also in violation of the law laid down by the Hon’ble Supreme Court in the celebrated case “Kedar Nath Das  Vs. State of Bihar” (AIR 1962 SC  955) which held that “…comments, however strongly worded expressing, disapprobation of the actions of  Government, without exciting those feelings which generate the inclination to cause public disorder by acts of violence, would not be penal.”  It appears that there was no intention on the part of the President of JNUSU to  incite violence and therefore the action of the Delhi Police in arresting him is condemnable.  PUCL appeals to the Home Minister (Central Government)  to instruct Delhi Police to release the arrested  leader immediately. 

The governments should remember what Gandhi said in 1922 in his trial for sedition, “ Affection cannot be manufactured or regulated by law”.
                                                                        N.D.Pancholi

President, PUCL (Delhi) , (M)9811099532

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  • Senthil

    What Shri Jawahar Lal Nehru said in 1951 was not respected by any of the subsequent Congress Prime Ministers including his all powerful daughter and grandson. If they had, the provision will not be there today for use by police.

    As long as the provision is there in the law, any party in power and its police will use it…What we have to do is challenge their arrest in the court which will force the evidence to come out….and take steps to remove the sedition provision from the penal code..

    Having failed to do so since 1951, we just simply cannot quote it against the present government. It will be just political rhetoric…and no justice to anyone…