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Criticising the country is not sedition, free speech implies right to offend: Law Commission

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Criticising the country is not sedition, free speech implies right to offend: Law Commission

It is time to rethink or even repeal the controversial provision of sedition, Section 124A, from the Indian Penal Code (IPC), the Law Commission has said.

Dissent and criticism of the government or the country are essential ingredients of a robust public debate in a vibrant democracy and an “expression of frustration over the state of affairs cannot be treated as sedition,” the Law Commission has said.

The Law Commission report said that a person should not be charged with sedition for “merely expressing a thought that is not in consonance with the policy of the Government of the day”.

Just a couple of days earlier, the Supreme Court termed dissent as the “safety valve” of a democracy, while hearing a plea against arrests of Dalit and human rights activists and intellectuals over allegations of ‘conspiring against the State’, a move that reignited the public outcry over the Narendra Modi government’s practice of stamping out any criticism and going viciously after anyone who criticizes its policies and politics.

On August 28, human rights activists Sudha Bharadwaj, Arun Ferreira, Vernon Gonsalves, Gautam Navalakha and Varavara Rao were arrested during pan-India raids by the Pune police. While the police had initially claimed that the activists were being arrested for their role in planning the Elgar Parishad event at Bhima-Koregaon in Pune, Maharashtra on December 31 and inciting the clashes between Dalits and upper caste Marathas that broke out the following day, the cops later alleged that the activists were involved in a conspiracy against the Modi government and were also aiding Naxalites.

The activists and their comrades have rubbished these allegations and claimed that they are being hounded by the police at the behest of the BJP government in the state and the Modi regime at the centre for voicing opinions that challenge the political establishment and its claims on governance.

Underlining that “singing from the same book is not a benchmark of patriotism”, the Law Commission, headed by Justice (retired) B S Chauhan said in a consultation paper on sedition law (124A IPC) that the stringent sedition law should be invoked only in cases “where intention” behind the act is to “disrupt public order or to overthrow the Government with violence and illegal means”.

The Law Commission’s consultation paper on the sedition law, thus, comes at a critical juncture.

Sedition cases being slapped against anyone criticizing the Modi government, the Prime Minister or chief ministers of BJP-ruled states, particularly on social media platforms like Twitter and Facebook, has become the order of the day.

“The Commission hopes a healthy debate will take place among the legal luminaries, lawmakers, Government and non-Government agencies, academia, students and above all, the general public, on the above issues, so that a public-friendly amendment could be brought about,” the Commission has said in its paper.

Defending the constitutionally guaranteed right to freedom of speech and expression, the panel said: “In a democracy, singing from the same book is not a benchmark of patriotism. People should be at liberty to show their affection towards their country in their own way. For doing the same, one might indulge in constructive criticism or debates, pointing out the loopholes in the policy of the Government. Expressions used in such thoughts might be harsh and unpleasant to some, but that does not render the actions to be branded seditious. Section 124A should be invoked only in cases where the intention behind any act is to disrupt public order or to overthrow the Government with violence and illegal means.”

In an unambiguous endorsement of a citizen’s right to dissent, or even offend, the Law Commission has said: “For merely expressing a thought that is not in consonance with the policy of the Government of the day, a person should not be charged under the section. Expression of frustration over the state of affairs, for instance, calling India ‘no country for women’, or a country that is ‘racist’ for its obsession with skin colour as a marker of beauty are critiques that do not ‘threaten’ the idea of a nation. Berating the country, or a particular aspect of it, cannot and should not be treated as sedition.”

The consultation paper adds further: “If the country is not open to positive criticism, there lies little difference between the pre- and post-independence eras. Right to criticise one’s own history and the right to ‘offend’ are rights protected under free speech. While it is essential to protect national integrity, it should not be misused as a tool to curb free speech. Dissent and criticism are essential ingredients of a robust public debate on policy issues as part of vibrant democracy. Therefore, every restriction on free speech and expression must be carefully scrutinised to avoid unwarranted restrictions.”

The Commission has invited public opinion on the prospect of either redefining or doing away with Section 124A in the “largest democracy of the world, considering that right to free speech and expression is an essential ingredient of democracy.” Why should India retain sedition when the British, who introduced sedition to oppress Indians, have themselves abolished the law in their country, the Commission asked.

Sedition attracts imprisonment from three years to life.

Bihar news

Mokama shootout case: Former Bihar MLA Anant Singh surrenders, sent to jail

Singh’s supporters retaliated to the initial attack, leading to the intense exchange of gunfire that gripped the area. The incident underscores the deep-seated power struggles and lawlessness that persist in certain parts of Bihar.

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Former Bihar MLA Anant Singh surrendered to a Barh court on Friday, facing charges related to a shootout on the outskirts of Patna. The incident, which occurred Wednesday evening, involved an alleged attack on Singh’s convoy by the notorious Sonu-Monu gang. The ensuing exchange of gunfire, according to eyewitness accounts, involved a significant volume of shots – estimates ranging from 60 to 70 rounds, though police reported a lower figure of 16-17.

Remarkably, Singh escaped unharmed. Following his surrender, he was remanded to Beur jail. Patna Senior Superintendent of Police (SSP) Awkash Kumar confirmed the surrender and the filing of three separate FIRs concerning the incident.

The shootout unfolded amidst a backdrop of escalating tensions in Mokama, a region with a history of violent crime and political rivalry. The involvement of the Sonu-Monu gang, known for its criminal activities, added a layer of complexity to the already volatile situation.

Singh’s supporters retaliated to the initial attack, leading to the intense exchange of gunfire that gripped the area. The incident underscores the deep-seated power struggles and lawlessness that persist in certain parts of Bihar.

Adding to the escalating tension, another shooting incident was reported on Friday in Hamza village, under the jurisdiction of Panchmahal police station in Mokama. Three spent cartridges were found near Mukesh Singh’s house, prompting an immediate investigation.

Senior police officials were deployed to the scene to assess the situation and gather evidence. The timing and location of this second incident suggest a possible connection to the previous day’s events, raising concerns about further escalation of violence.

Police have apprehended two suspects, Sonu and Roushan, in connection with Wednesday’s shooting. Investigations suggest that the Sonu-Monu gang specifically targeted Mukesh Singh, a former associate of the gang who had allegedly sought protection and assistance from Anant Singh. This suggests a complex network of allegiances and betrayals within the criminal underworld of Mokama.

Anant Singh, a controversial figure with a history of both political success and criminal accusations, has been a prominent figure in Mokama’s political landscape for years. His past includes a conviction in 2020 related to the recovery of an AK-47 rifle and other weapons from his ancestral home, resulting in his disqualification from the assembly.

However, he was acquitted of these charges in August 2024. His wife, a former MLA, recently shifted her political allegiance from the RJD to Chief Minister Nitish Kumar’s JD(U), further complicating the political dynamics of the region.

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Bollywood news

FIR filed against Shreyas Talpade, Alok Nath, 11 others in cheating case in Haryana

The case has sent ripples through the Bollywood industry, casting a shadow over the careers of both actors. While the details of their alleged involvement remain under investigation, the allegations raise serious questions about their conduct and potential complicity in a scheme that defrauded numerous investors.

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Bollywood actors Shreyas Talpade and Alok Nath find themselves embroiled in a significant legal controversy, named as accused in a cheating and breach of trust case registered at the Murthal police station in Sonipat, Haryana.

The First Information Report (FIR), filed on January 22, lists the two prominent actors among thirteen individuals charged under Sections 316 (2), 318 (2), and 318 (4) of the Bharatiya Nyaya Sanhita. These charges encompass criminal breach of trust, cheating, and the fraudulent transfer of property.

The complainant, Sonipat resident Vipul Antil, levelled accusations against the Human Welfare Credit Cooperative Society, registered in Indore under the Multi-State Cooperative Societies Act of 2002. Antil alleges that the society, active across multiple states, including Haryana, since September 16th, 2016, lured investors with promises of exorbitant returns on fixed deposits (FDs) and recurring deposits (RDs).

The society employed a multi-level marketing strategy, incentivizing agents to recruit additional investors, creating a pyramid scheme structure that ultimately led to widespread financial losses.

Ajeet Singh, the Additional Commissioner of Police (ACP) in Murthal, confirmed the inclusion of Talpade and Nath’s names in the list of accused, based on statements provided by the complainant. Singh clarified that the primary focus of the investigation remains the alleged fraudulent activities of the cooperative society, and the police are currently working to determine the specific roles, if any, played by Talpade and Nath in the alleged scheme. The investigation will delve into the extent of their involvement and whether they directly benefited from the alleged fraudulent activities.

The case has sent ripples through the Bollywood industry, casting a shadow over the careers of both actors. While the details of their alleged involvement remain under investigation, the allegations raise serious questions about their conduct and potential complicity in a scheme that defrauded numerous investors.

Shreyas Talpade’s most recent cinematic appearance was in Kangana Ranaut’s directorial debut, Emergency, a historical drama set during India’s tumultuous Emergency period from 1975 to 1977. Alok Nath, a veteran Bollywood actor, boasts a prolific career spanning over three decades and encompassing over 300 films, establishing him as a familiar face in Indian cinema. The unfolding investigation will determine the extent of their involvement in this complex financial crime and the consequences they may face.

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India News

BPSC results out: Aspirants react as controversy, protests over paper leak persist

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BPSC aspirants ask Prashant Kishore to step back from protest site, political strategist-turned-politician responds

The Bihar Public Service Commission (BPSC) declared the results for the 70th Combined Competitive Exam (CCE) on January 23, 2025. In the hours following the announcement, reactions to the results and the subsequent developments have continued to unfold, with protests, legal challenges, and debates surrounding the exam process showing no sign of abating.

21,581 candidates clear, but tension persists

While 21,581 candidates cleared the preliminary exam, questions remain about the legitimacy of the results. Legal challenges have already been initiated, with petitions filed in the Patna High Court questioning the integrity of the examination process, particularly regarding the status of those who were debarred due to alleged malpractice. The court’s involvement could still alter the final list of successful candidates.

Political impact and ongoing reactions

The protests have also drawn political figures into the fray. Prashant Kishor, leader of the Jan Suraj Party, joined the demonstrations and went on an indefinite hunger strike starting January 2, showing solidarity with the aspirants. His involvement and calls for action have added a political dimension to the controversy, which is now under the scrutiny of Bihar’s government.

Bihar Governor Arif Mohammad Khan recently met with a delegation of aspirants to hear their grievances and assured them that steps would be taken to address their concerns. The Governor also appealed to Prashant Kishor to end his fast, citing health concerns.

Looking ahead: What’s next for the 21,581 pass candidates?

For the candidates who have successfully passed the prelims, the main examination is the next step. However, the future of the recruitment process remains uncertain, with protests, petitions, and public calls for reforms still ongoing. The uncertainty surrounding the exam’s integrity and the lack of clarity on future steps means that the exam’s aftermath will likely continue to dominate discussions.

As the BPSC navigates the fallout from this highly contentious exam, it faces increasing pressure to restore public trust and ensure that future recruitment processes are conducted with the highest standards of fairness and transparency.

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