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HC for framing of sedition norms

Assems arrest was reckless: Court
Last Updated 14 September 2012, 18:52 IST

The Bombay High Court on Friday termed the arrest of cartoonist Aseem Trivedi on sedition charge as ''reckless and frivolous,'' and suggested that the ''judiciary frame guidelines specifying conditions in which such serious charges can be applied.''

The bench comprising justices D Y Chandrachud and Amjad Sayyed were hearing a PIL filed earlier this week that secured freedom for cartoonist Aseem Trivedi, booked last week for displaying cartoons which the police felt were seditious in nature.

Rebuking the police for “applying charges haphazardly without applying mind,” the court stated that “somebody has to be held responsible for such a breach of an individual’s freedom of speech and expression.”  Trivedi was charged with sedition (attempt to overthrow the state) last Saturday after cognisance was taken of a private complaint filed last year. The complainant, a Republican Party of India activist, had alleged that cartoons put on display in public rallies organised by India Against Corruption (IAC) were offensive and insulted national emblems.

Public outcry

Trivedi’s arrest had sparked off a public outcry. On Tuesday, advocate Sanskar Marathe moved a PIL contending that Trivedi’s arrest “was illegal and unjustified.”
The court, during Friday’s hearing, observed that Trivedi’s case pointed out that there “may be several other cases of voices snuffed by the police.”

Talking to Deccan Herald, Trivedi’s lawyer Vijay Hiremath said: “The court suggested that the judiciary should frame specific guidelines in matters of sedition so that its misuse can be circumscribed. The court also made Trivedi a party in the matter suggesting to move a writ. We will be doing this in the next hearing of PIL scheduled for October 14.”

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(Published 14 September 2012, 08:38 IST)

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