Criticism of govt does not amount to sedition: Soli Sorabjee

To a question on why a judge should be treated any different from the Prime Minister or the President, the senior lawyer said that this was “because of the unique position they (judges) occupy in our scheme of things.”

Soli Sorabjee, sedition law, 1962 Kedarnath Singh case, Supreme Court, Kedarnath Singh case, Kedarnath Singh, india news, indian express news

Former Attorney General of India Soli Sorabjee

STATING THAT the sedition law could not be entirely done away with, former Attorney General of India Soli Sorabjee on Saturday, however, underlined that criticism of the government cannot amount to sedition. Speaking at a panel discussion at the launch of the book After Rhetoric — Free Speech and the Consitution of India, written by Mumbai lawyer Abhinav Chandrachud, Sorabjee said, “I don’t think we can do away with it… but the Supreme Court has already toned it down.” He was referring to the 1962 Kedarnath Singh case, in which, the Supreme Court had held that the tendency to disturb public order was essential to attract sedition.

Sorabjee, however, stressed that the “criticism of the government however strong, however pungent cannot be sedition.” He also lamented at the manner of its implementation, saying, “Even Arun Jaitley was charged with sedition. Shows how nonsensical people could be in implementation of the law”.

To a question on why a judge should be treated any different from the Prime Minister or the President, the senior lawyer said that this was “because of the unique position they (judges) occupy in our scheme of things.” He added, “You can’t compare a judge with a politician.”

In his book, Chandrachud,the son of Supreme Court judge Justice D Y Chandrachud, argues that the Constitution did not make a significant difference to the freedom of expression in India. The book deals with controversies relating to free speech and tries to make a case for strengthening freedom of expression.

Ananthakrishnan G

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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