Only Shouting Slogans is not Seditious, Says Ex-Judge

Referring to a recent incident in which a young woman was caught chanting “Pakistan zindabad”, & later “Hindustan zindabad”, in Bangalore, former Bombay HC judge Justice Satyaranjan Dharmadhikari quoted a landmark judgment by the Supreme Court from 1995 to say these words in isolation can't amount to sedition.

“By itself zindabad-murdabad the concomitant [associated ingredients] absent, doesn't amount to sedition, the Top Court says,” the former judge said addressing students & lawyers on the topic of ‘Free Speech & Sedition’, at the 5^th annual Dr TK Tope Memorial Lecture, organised by the Govt Law College’s Vinatadevi Tope Social Service League.

Explaining what would amount to sedition, Dharmadhikari said: “If there is reasonable restriction & the right itself isn't absolute, then we cannot say that every time we exercise this right that we are going to be proceeded against. It can happen only when it is against the sovereignty & integrity of India, the security of the State public order or incitement of an offence.”

Urging students to have faith in the judicial system, Dharmadhikari quoted from a 1995 Supreme Court judgment in a case in which two people were charged with sedition for raising pro-Khalistan slogans, in the aftermath of former PM Indira Gandhi assassination. He said the Supreme Court had clearly held that “the raising of some slogans only a couple of times by the two lonesome appellants” couldn't attract Sections 124A (sedition) or 153A (wanton vilification or attacks upon religion, race) of the Indian Penal Code.

“Somebody says something zindabad, something murdabad, nobody accompanies them, nobody is shouting with them,” the judge said.

Amulya Leona Noronha, a student of NMKRV College for Women, raised pro-Pakistan slogans at an anti-CAA protest in Bangalore earlier this month, during AIMIM chief & Hyderabad MP Asaduddin Owaisi’s rally, which led the city police to file a case of sedition against her.

Dharmadhikari said there were enough safeguards provided by the law, & that once a law had been interpreted by the courts then that would make it true law. “You have nothing to fear. So long as you protest by lawful means with lawful ends, you aren't in contempt of the law,” he said.

The judge further said that even when using contempt of court, judges are very cautious. “The Supreme Court has been so responsible, it says use the power of contempt carefully, in exceptional circumstances to uphold the majesty of law & the dignity of the court, not to punish someone for his critical comments.

“We shouldn't presume that every policeman, everybody in power will punish us if we criticise them. No one will come & pick you up from campus. You have the freedom of speech. But remember, the liberty to swing your hands ends where my nose begins,” he said.

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