On Friday, a court of sessions in Chennai convicted Vaiko, a Tamil politician and MDMK leader, of sedition and convicted him to one year in prison for his 2009 pro-LTTE speech.
Sessions Judge J Shanti ruled that the speech of the Vaiko brought "hatred and disaffection to the law-established government in India" and had "the tendency to generate disturbance." His remarks were not an expression of disapproval of the government's policies to improve or alter them, the Judge said while upholding the sedition charge.
Unfortunately, the decision is based on a literal implementation of the clause without taking into consideration the Supreme Court's decisions that restricted the scope of Section 124A IPC. The verdict is out of sync with recent innovations in the law of freedom of expression (Shreya Singhal, Puttaswamy cases), which extended an individual's freedoms and put a heavy burden on the state to impose limitations on them.
Tags : #Legal