New Delhi: Throwing frequent challenge to the validity of a law is not a healthy practice, said former Chief Justice of Supreme Court, Retd Justice Ranjan Gogoi and virtually opposed scrapping the controversial and much debated Sedition law.
"You don't throw out the law, you enforce the law in the manner it should be done. That to my mind is the solution," Mr Gogoi told TimesNow TV in an interview.
Justice Gogoi maintained the abuse of a law is always a "possibility" but asserted,
"Why do the laws have to be changed ?"
"If the law is misused there are ways and means of remedying the situation," he said adding
it was different from throwing up a challenge to the 'validity' of the law itself.
He said the validity of the law is a "very serious matter and it is an out of the ordinary matter which should
be resorted to in the last instance".
Mr Gogoi, now a nominated member of Rajya Sabha, also clarified that the Supreme Court time
and again has said the bonafide criticism of the government or governmental functioning
is not sedition"
To a question, he said :"So far chilling effect (of sedition law) on free speech is concerned..nothing prevents
a citizen from criticising the government".
He further said the 'guidelines' on sedition law and its enforcement are quite clear.
"....From 1962 to 1995 and even 2021 Vinod Dua (case). Go throw the judgements the guidelines
(on Sedition law) are very clear. Criticism of a government is not sedition. There is a Lakshman Rekha,
you need something more than that. The speech must have the effect of inciting people to overthrow a government
that is sedition," Justice Gogoi said.
"Three judgements have clearly laid down what are the parameters of the law on Sedition," he added.
The Supreme Court of India has posed a question before the Narendra Modi government lately
asking, - Is the sedition law still necessary after 75 years of independence?”
The question came from Chief Justice of India, N V Ramana, while he was hearing a petition from
a retired military officer Major General (retired) S G Vombatkere who has challenged Section
124 A of the Indian Penal Code which deals with the offence of sedition.
BJP spokesman Sambit Patra has said as threats of terrorism still exist, thus - "We do need laws those
can act as deterrent and prevent these forces".
ends
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