Sedition charge: HC seeks to know state guidelines

Observing that the freedom of speech should not suffer from the threat of sedition, the bench of Chief Justice Mohit Shah and Justice N M Jamdar also wanted to know if arrest in such cases was justified.

Advocate General Sunil Manohar argued that a senior police officer should decide whether to make an arrest in such cases or not. He also submitted that time should not be wasted in seeking legal opinion and a senior police officer should be entrusted with the responsibility of taking the decision on arrest.

Manohar pointed out there was a “very thin line” between where the freedom of speech ends and an offence of sedition is made out. The state government, however, said it was its prima facie view that Trivedi’s cartoons did not attract charge of sedition.

Referring to Trivedi’s case, he clarified, “The police might have applied Section 124 A mistakenly, but they did it in a bonafide manner. We would caution the investigating agency not to apply sedition charge everywhere.”

Appearing for Trivedi, advocate Mihir Desai argued that legal opinion must be taken before making an arrest in such cases. “If it leads to violence, it has to be stopped. However, mere threat of violence cannot be used as the reason for arrest,” Desai said.

He said provision of consultation with a law officer should be retained in the guidelines proposed by the state.

The state government said it would come up with guidelines for such cases after HC passed its judgment in the present case. The HC has reserved its order.

Trivedi was arrested for posting alleged seditious content on his website and insulting the national emblem and Parliament. He was later released on bail after an HC order.

aamir.khan@expressindia.com