Bengaluru, July 7: The Kalaburagi bench of the Karnataka High Court has observed that the use of abusive language suggesting that the "Prime Minister should be hit with footwear" is not only disrespectful but also shows a lack of responsibility. The High Court, in its decision to dismiss a sedition case filed against a school for organising a play that criticised the Citizenship Amendment Act (CAA), acknowledged that citizens have the right to question government policies. However, the court emphasised that such criticism should be expressed without any intention to provoke violence.
In the order issued on June 14, 2023, while dismissing the sedition case against Shaheen School in Bidar, Justice Hemant Chandanagoudar also provided guidance to schools, advising them against instructing children to criticize government policies and disrespect constitutional functionaries due to a specific policy decision. HC on 'Pro-Pakistan' Posts and Derogatory Remarks About PM Narendra Modi: People Staying in India Must Be Faithful To It, Says Gujarat High Court; Denies Bail to Congress Leader.
According to the complainant, the play was accused of insulting the Prime Minister. However, the court noted that the play was not widely known among the general public and only gained public attention when it was uploaded to Facebook by the other accused.
The court, in it observation, said, "Hence, at no stretch of imagination it can be said that the petitioners herein enacted the play with an intention to incite people to resort to violence against the government or with an intention of creating public disorder. Hence, in my considered view, the registration of the FIR for the offence under Section 124-A and Section 505(2) in the absence of essential ingredients is impermissible." PM Narendra Modi's Degree Case: Gujarat High Court To Hear Delhi CM Arvind Kejriwal’s Review Petition on July 7 Regarding PM Modi’s MA Degree.
The Court additionally ruled that in order for an offense under Section 153A of the Indian Penal Code (IPC) to be applicable, there must be a clear and deliberate intention to foster hatred or enmity among different groups on the grounds of religion, race, place of birth, residence, language, or other similar factors. There should also be acts by the accused that are detrimental to maintaining harmony for such an offence to be made out, the Court said.
(The above story first appeared on LatestLY on Jul 07, 2023 09:31 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).