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Law of sedition cannot be invoked to quieten the disquiet, says Delhi court

-IndiaToday.in

A Delhi court said the law of sedition was a powerful tool to maintain peace and order in the society and it cannot be invoked to quieten the disquiet under the pretence of muzzling the miscreants.

A Delhi court said the law of sedition cannot be invoked to quieten the disquiet under the pretence of muzzling the miscreants.

Additional Sessions Judge Dharmender Rana said this while granting bail to two persons -- Devi Lal Burdak and Swaroop Ram -- who were arrested by the Delhi Police earlier this month for allegedly commiting sedition and spreading rumours by posting fake video on Facebook during ongoing farmers' protest, news agency PTI reported.

The court further said the invocation of Section 124 A (sedition) IPC is a "seriously debatable issue" in the case before it.

The court said the law of sedition was a powerful tool in the hands of the state to maintain peace and order in the society.

"However, it cannot be invoked to quieten the disquiet under the pretence of muzzling the miscreants. Evidently, law proscribes any act which has a tendency to create disorder or disturbance of public peace by resort to violence," the judge said on February 15.

"In the absence of any exhortation, call, incitement or instigation to create disorder or disturbance of public peace by resort to violence or any allusion or oblique remark or even any hint towards this objective, attributable to the accused, I suspect that Section 124 A (sedition) IPC can be validly invoked against the applicant," the judge said.

The judge further said, "In my considered opinion, on a plain reading of the tagline attributed to the accused, invocation of Section 124 A IPC is a seriously debatable issue."

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