Punjab & Haryana High Court Issues Notice On Plea Challenging Framing Of Sedition Charge For Allegedly Raising 'Pakistan Zindabad' Slogan

The Punjab & Haryana High Court today issued notice to the Haryana government on a revision petition filed against a Sessions Court order framing charges against the petitioner under Section 124A IPC (Sedition) over the allegations that he used 'filthy language' against India and raised 'Pakistan Zindabad' slogan.

After the video of the alleged incident went viral, the police registered the FIR under Sections 153A,124A, 504 IPC and arrested accused Irshad, a labourer by profession, for creating "animosity among several groups".

As per the prosecution's case, his confessional statement was recorded in which he had stated that he involved himself in a discussion with a man regarding the Indian-Pakistan match wherein he allegedly said that cricketer KL Rahul had not played well, and because of which, his favourite team Pakistan had won the match.

While adjourning the matter to April 24, Justice N.S. Shekhawat issued notice to the State.

Proceedings Before Sessions Court

In October 2023, the Sessions Court, Nuh (Haryana) passed an order stating "from the perusal of police report under Section 173 CrPC and accompanying documents, the prima facie case for commission of an offence punishable under section 153-A and 504 are not made out against the accused. However, section 124-A of IPC, 1860 is made out against the accused."

Consequently, Sessions Judge decided to frame the charge for committing "sedition" under Section 124-A IPC. Thereafter in December, summons were issued to the prosecution witness for March 2024.

Supreme Court's Order To Keep Sedition In "Abeyance"

It is pertinent to note that in May 2022, the Supreme Court had ordered that the 152-year-old sedition law under Section 124A of the IPC should be effectively kept in abeyance till the Union Government reconsiders the provision. In an interim order, the Court had also urged the Centre and the State governments to refrain from registering any FIRs under the said provision while it was under re-consideration.

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli said, "We hope and expect Centre and State Governments will refrain from registering any FIR, continuing investigation, or taking coercive steps under Section 124 A IPC when it is under reconsideration. It will be appropriate not to use this provision of law till further re-examination is over."

The Court also held that those already booked under Section 124A IPC and are in jail can approach the concerned courts for bail. It has also been ruled that if any fresh case is registered appropriate parties are at liberty to approach courts for appropriate relief and courts are requested to examine the relief sought taking into account the order passed by the court.

In September, a three-judge bench led by Chief Justice of India DY Chandrachud said that a reference to a larger bench was needed as the provision was upheld by a 5-judge bench in the 1962 judgment Kedar Nath Singh v. State of Bihar. Being a smaller bench, it may not be appropriate for it to doubt or overrule Kedar Nath, said the bench led by Chief Justice of India.

It is worthwhile to note that aspects of Sedition have been retained under Section 152 (Act Endangering Sovereignty, Unity And Integrity Of India) under the new BNS, which states that whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine.

Counsels for the petitioner: Advocates Rajeev Godara and Talim Hussain

Case Title: Irshad @ Saddam v. State of Haryana