Retired Justice Rohinton Fali Nariman has urged the Supreme Court to strike down the sedition legislation and offensive components of the Unlawful Activities (Prevention) Act, with the intention to let residents breathe freely.
Retired SC Justice Rohinton Nariman was talking at a perform organised by Viswanath Pasayat Memorial Committee. (File Photo)
Former Supreme Court Justice Rohinton Fali Nariman has urged the highest court docket to strike down Section 124A of the Indian Penal Code which criminalises sedition and offensive components of the Unlawful Activities (Prevention) Act, 1967 (UAPA).
Speaking at a perform organised by the Viswanath Pasayat Memorial Committee, Justice Nariman mentioned on Sunday, “I’d exhort the supreme court docket to not ship sedition legislation instances pending earlier than it again to the Centre. Governments will come and go (however) it is vital for the court docket to make use of its energy and strike down Section 124A and the offensive parts of UAPA. Then residents right here would breathe extra freely.”
Justice Nariman, who retired from the Supreme Court in August this 12 months, mentioned India’s rank within the international legislation index is 142 due to the draconian and colonial legal guidelines that also exist.
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” The Nobel Peace Prize was given to 2 journalists from the Philippines. India’s rank there was 142…Why? This is extra to do with India’s financial institution of colonial legal guidelines,” he asserted.
Stressing on the historical past of sedition legislation within the UK and India, Justice Nariman mentioned that the Supreme Court should strike down penal provisions of sedition.
“We had the China and Pakistan wars. Thereafter, we launched the draconian legislation- UAPA. Disaffection continues within the statute guide and UAPA is a draconian act because it has no anticipatory bail and has a minimal of 5 years imprisonment. This act shouldn’t be beneath scanner but. This too needs to be seemed into together with the sedition legislation,” he expressed.
Observing that ‘imminent lawless motion’ is the usual to be utilized presently, which was established by the US Supreme Court in Brandenburg v. Ohio (1969), Justice Nariman requested, “In this backdrop, how on this massive democracy is Section 124A surviving?
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