Amid demands to repeal the law on sedition, Law Commission chairman Justice Ritu Raj Awasthi said that due to the present situation from Kashmir to Kerala and Punjab to North East, it has become very important to retain the law to safeguard the “unity and integrity of India”. The law is on hold for the time being following the directives of the Supreme Court issued in May last year.
Defending the panel’s recommendation to retain the law, Justice Awasthi said sufficient safeguards have been proposed to prevent its abuse. He said that special laws such as the Unlawful Activities Prevention Act and the National Security Act apply in different areas but do not cover the offense of sedition, so there should be specific laws on sedition as well.
Justice Awasthi said that while considering the usage of the law on sedition, the panel found that “the present situation right from Kashmir to Kerala and Punjab to the North-East is such that the law on sedition is necessary to safeguard the unity and integrity of India”.
He also said that the sedition law being a colonial legacy was not a valid ground to repeal it and several countries including the US, Canada, Australia and Germany have their own such laws.
The 22nd Law Commission, presided over by Justice Awasthi, advocated for the retention of section 124A of the Indian Penal Code (IPC) with safeguards to prevent its abuse in its report delivered to the government last month.
The recommendation sparked a political uproar, with several opposition parties alleging that it was being recommended to be retained to stifle dissent and voices against the ruling party ahead of the Lok Sabha elections next year.
While the government said it would take an “informed and reasoned” on the Law Commission report after consulting all stakeholders. The Congress has alleged that the government wants to make the sedition law more “draconian”.
Referring to the procedural safeguards put in place by the commission, Awasthi pointed out that the preliminary inquiry would be conducted by a police officer of the rank of Inspector or above and the inquiry would be conducted within seven days of the occurrence of the incident. The preliminary inquiry report will be submitted to the competent government authority for permission for lodging of FIR in this regard, he added.
“On the basis of the preliminary report, if the competent government authority finds any cogent evidence with regard to commissioning of the offence of sedition, it may grant permission. It is only after the grant of permission that the FIR under Section 124 A of the IPC shall be lodged,” he said.
