Pakistan court docket strikes down colonial-era ‘sedition’ regulation

After listening to the arguments, the court docket struck down the offence of sedition, terming it repugnant to the basic rights of the residents protected within the Constitution.

Pakistan court docket struck down sedition regulation terming it repugnant to the basic rights of the residents protected within the Constitution (Representative Image)

By Press Trust of India: A Pakistani court docket on Thursday struck down a controversial colonial-era sedition regulation that criminalised criticism of the federal government and the state, terming it repugnant to the basic rights of the residents protected within the Constitution.

Justice Shahid Karim of the Lahore High Court (LHC) annulled the offence of sedition below part 124-A of the Pakistan Penal Code (PPC) whereas delivering the decision on a batch of petitions that argued it was being utilized by ruling political events in opposition to their rivals.

Main petitioner Haroon Farooq stated the impugned regulation of sedition initially was drafted in 1837 by Thomas Macaulay, the British historian-politician, however was omitted when the Indian Penal Code was enacted in 1860.

“Thereafter, in 1870 the same law was inserted in Indian Penal Code, 1860 through Penal Code (Amendment) Act, 1870 by James Stephen when the colonial masters felt the need to perpetuate their imperial rule,” he stated, including it is among the many draconian legal guidelines introduced into drive to suppress any voices of dissent at the moment.

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The regulation of sedition as contained in part 124-A was a residue and relic of the oppressive colonial legacy which had been launched to rule the topics not residents, due to this fact, the provisions of the impugned part had been repugnant to the constitutional ensures together with freedom of speech, motion, meeting, affiliation and expression offered below Articles 15, 16, 17 and 19 of the Constitution, the petitioner stated.

The petitioner’s counsel argued that the phrase ‘government’ as exists in part 124-A, PPC was certainly and squarely defeated the freedoms which had been created by the Constitution.

“The impugned section be declared void and ultra vires being inconsistent with and in derogation of fundamental rights in view of the mandate of Article 8 of the Constitution,” he pleaded.

After listening to the arguments, the court docket struck down the offence of sedition, terming it repugnant to the basic rights of the residents protected within the Constitution.

The regulation states: “Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Federal or Provincial Government established by law shall be punished with imprisonment for life to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”

The petition said that the Constitution of Pakistan offers each citizen the fitting to freedom of expression however nonetheless, Section 124-A is imposed for making speeches in opposition to the rulers.

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According to the petition, the regulation has been recklessly utilized in Pakistan as a software of exploitation to curb the fitting to free speech and expression assured below Article 19 of the Constitution.

The petition stated the regulation was serving as “a notorious tool for the suppression of dissent, free speech and criticism in free and independent Pakistan”.

Over the previous few years, the petition argued, numerous politicians, journalists and activists had been booked below Section 124-A of the PPC.

“Every passing day, the intensity of registration of FIRs under this section is snowballing while the people of Pakistan have suffered a lot, as almost every criticism of the government or state institutions has been treated as an offence under Section 124-A by law enforcement agencies.”

Published On:

Mar 30, 2023