The provisions of Section 124A of the Pakistan Penal Code known as the “sedition law” were recently invalidated by the Lahore High Court by Justice Shahid Karim. Before this incident, Section 124A of the Pakistan Penal Code made it a crime to engage in sedition or express discontent against the government.
On Thursday, Justice Shahid Karim of the Lahore High Court struck down Section 124A of the Pakistan Penal Code in response to countless petitions seeking to declare the provision of the Section as unconstitutional or even “extremely virulent” to the fundamental rights provided in the Constitution under Articles 9, 14, 115, 16, 17, 19 and 19A.
Anti-sedition law in Pakistan
Sedition is defined under Section 124A of the Pakistan Penal Code as “Whoever by words, speech or writing, or by signs, or by visible expression, or otherwise, causes or attempts cause hatred or contempt, or incite or attempt to arouse discontent. against the Federal Government or the Provincial Government as may be prescribed by law shall be punishable with imprisonment for life and with fine or with imprisonment which may extend to three years, with further fine or with fine.”
Case
Justice Shahid Karim of the Lahore High Court, declared the sedition law invalid in a single judge bench. The move was not made out of the blue, it was made after hearing countless similar petitions seeking to repeal the sedition law.
Disputes in pleadings
The arguments in the plea challenging the sedition law (Section 124A) contend that the Constitution grants every citizen the right to freedom of speech and expression. On the other hand, the sedition statute punishes free speech that is critical of the government. The penalty for such behavior is life imprisonment.
Haroon Farooq is one of those who filed a petition against the sedition law. He argued that Section 124A of the Pakistan Penal Code is nothing more than a derogatory section on the fundamental rights enshrined in Articles 9, 14, 15, 16, 17, 19 and 19A of the Constitution of Pakistan.
One of the arguments is that the sedition law has been recklessly used as a powerful tool of exploitation to limit the freedom of expression given under Article 19 of the Constitution. The defense argued that these restrictions were simply an illegal restriction on many other freedoms provided in the constitution. The plea also highlighted how politicians, activists and journalists have been arrested for criticizing the government, such as Javed Hashmi (journalist) who was sentenced to 23 years in prison under this provision.
India and the law of sedition
Sedition laws were a result of the colonial rule of India and Pakistan. Colonial rule ended long ago but sedition laws were inherited by both India and Pakistan in their penal systems. Furthermore, the anti-sedition laws in both countries are the same. The rationale behind the Sedition Laws was to limit dissent at a time when the country was in the midst of colonial struggles. However, in India, the provisions of the sedition law are being reviewed.
Categories: Optical Illusion
Source: pagasa.edu.vn