[LIVE-UPDATES] SC Hearing ๐๐จ๐ฎ๐ซ๐ง๐๐ฅ๐ข๐ฌ๐ญ ๐๐ข๐ง๐จ๐ ๐๐ฎ๐'s Plea Against ๐๐๐๐ข๐ญ๐ข๐จ๐ง C๐๐ฌ๐
Jethmalani: His own words are โAll of America came on the streets despite the lockdown...โ these are his own words.
Justice Lalit: This was to do with the death of #GeorgeFloyd.
Justice Saran: This had nothing to do with the pandemic.
Justice Lalit: No lockdown in federally in the USA.
Jethmalani: There was an attempt by Dua to create disaffection against the Government to get violent.
Corollaries were drawn with America.
Justice Lalit: As a matter of fact, were there disturbances at the time in the USA?
Jethmalani: I am now on #Sedition 124A of the IPC.
Refers to judgment of Kedarnath Singh AIR 1962 SC 955.
Jethmalani: Yes, he says supply chains disrupted - False, people are saying food shortages - Rumour.......
Justice Lalit: Now you are reading about other episodes to describe the propensity of the individual. We have nothing to do about the others except the food riots episode, which is the first one.
Jethmalani: Even if you dont incite violence, you are inciting unlawful assembly.
Justice Lalit: Unlawful Assembly is at the heart of it, to do something illegal. A peaceful demonstration is not an unlawful assembly. That is the Gandhian concept of Peaceful Demonstrations.
Jethmalani reads out section 505 of the IPC.
Even if we give him a benefit of doubt that there is no offence against the state, there is an offence against โpublic tranquilityโ.
Section 505B refers to incitement under Chapter 6 of the IPC.
Jethmalani explains the scope of word โMalignantโ.
He then says that an offence under section 153 of the IPC is made out.
โHis attention was malignancy and the intention to cause a riot,โ adds Jethmalani
Jethmalani: His words in these broadcast cause, or tend to cause danger to human life or safety.