Unwarranted arrest: On sedition charges against Raghu Ramakrishna Raju

The casual resort by the police to the sedition clause continues to cause concern

Mr. Raju has alleged ill-treatment while in CID custody. The Supreme Court has directed that he be examined at the Army hospital in Secunderabad in neighbouring Telangana. His bail petition is likely to be taken up later this week. It is unedifying to note that the CID has also named in the FIR, two television channels to which he gave interviews. While the legal process will take its course, it is once again time for a reflection on the need and relevance of the offence of sedition, a colonial-era provision used to imprison people for political writings in support of Indian independence, to remain on the statute book. That State governments and various police departments are known for the casual resort to prosecution under this section is a poor reflection of the understanding of the law among civil servants everywhere. It is now fairly well known that the section is attracted only if there is an imminent threat to public order or there is actual incitement to violence — ingredients that are invariably absent in most cases. In addition, it remains vaguely and too broadly defined (the term ‘disaffection’ is said to include ‘disloyalty’ and ‘feelings of enmity’), warranting a total reconsideration. Recently, the Supreme Court decided to revisit the constitutionality of this section. While a judicial verdict will be welcome, it would be even more protective of free speech if the Centre abolished the provision.

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