September 20, 2024

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Expression of view which is dissent from authorities not seditious: SC

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Image Source : FILE Expression of view which is dissent from authorities not seditious: SC
Observing that expression of a view which is dissent from a call taken by the Central Government itself can’t be stated to be seditious, the Supreme Court on Wednesday dismissed a PIL in search of motion towards National Conference president Farooq Abdullah over his feedback on abrogation of Article 370 of the Constitution.
A bench of Justices Sanjay Kishan Kaul and Hemant Gupta rejected the plea and likewise imposed a wonderful of Rs 50,000 on the petitioners for making such claims and directed them to deposit the quantity with the Supreme Court Advocates Welfare Fund inside 4 weeks.
“The expression of a view which is dissent from a call taken by the Central Government itself can’t be stated to be seditious. There is nothing within the assertion which we discover so offensive as to offer a reason behind motion for a Court to provoke proceedings.
“Not only that, the petitioners have nothing to do with the subject matter and this is clearly a case of publicity interest litigation for the petitioners only to get their names in press. We must discourage such endeavours,” the bench stated.

The high courtroom was listening to a plea which referred to his assertion on restoring Article 370, which gave particular standing to Jammu and Kashmir, and contended it clearly quantities to a seditious act and subsequently he’s liable to be punished below part 124-A of the IPC.
The petition filed by Rajat Sharma and Dr Neh Srivastava, each belonging to an organisation Vishwa Guru India Vision of Sardar Patel, alleged that the previous chief minister is attempting to “hand over” Kashmir to China and thus, he ought to be prosecuted for Sedition.
“Mr Farooq Abdullah has committed an offence punishable under section 124-A of Indian Penal Code. As he has made the live statement that for restoring Article 370 he would take help of China which clearly amount to seditious act and therefore he is liable to be punished under section 124-A of the IPC,” the plea stated.
The petitioners additionally referred to an announcement made by BJP spokesperson Sambit Patra to assert that Abdullah is deceptive the folks of Jammu and Kashmir to affix China for the restoration of Article 370 of the Constitution.
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