Sedition charges cannot be invoked to quieten the disquiet under pretence of muzzling miscreants, says Delhi Court

By Sushil Batra
New Delhi [India], February 16 : Granting bail to two accused arrested by Delhi Police under sedition charges in connection with the ongoing farmers' protest, a Delhi court on Tuesday said that law of sedition is a powerful tool in the hands of the state and cannot be invoked to quieten the disquiet under the pretence of muzzling miscreants.
Additional Session Judge Dharmender Rana on Monday (Feb 15) has granted bail to two accused, arrested by Delhi Police under Sedition charges for allegedly posting the sensational Facebook post in connection with the farmers' protest.
Court said, "I suspect that Section 124 A IPC (Sedition) can be validly invoked against the applicant/accused. In my considered opinion, on a plain reading of the tagline attributed to the accused, invocation of Section 124 A IPC is a seriously debatable issue."
"....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...." Court said in order.
Advocate Surendra Chaudhary represented both accused and submitted that Devilal Burdak and Swarup Singh have been falsely implicated in the present case. It is submitted that material alleged against them are innocuous in nature and it is infact an expression of emotions uttered in disagreement with government policies. It is further submitted that no offence of sedition or forgery is made out in the instant case and at best a case u/s 505 IPC is made out against the applicant/accused, which is bailable in nature.
On the contrary, Addional Public Prosecutor has forcefully submitted that very serious allegations have been levelled against accused. It was submitted that they have not only made a sensational Facebook Post with an intent to spread disaffection against the State but has also committed forgery. It is argued that the both accused have committed the offences punishable U/s 124A/505/468 /471 IPC.
As per the claim of the prosecution/ Delhi Police, the role attributable to one accused is that: "....The accused has posted a fake video on his facebook page with the tagline Delhi Police mae bagawat 200 police karmiyon ne diya samuhik istifa. (There is a rebellion in Delhi Police and around 200 police officials have given mass resignation) However the posted video was related to anincident wherein some persons in Khaki ( Home Guard personnel) was agitating in respect of their grievances with Jharkhand Government...." says Court order.
In a similar manner the Delhi Police says, the role of second accused is that, "....The accused has 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 l (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 situationproperly....."