Kishorechandra Wangkhemcha vs Union of India

Kishorechandra Wangkhemcha vs Union of India

Three Judges bench of Supreme Court has issued notice to the Union Government on the petition challenging constitutionality of Section 124A of Indian Penal Code. This controversial section of IPC was added to the Indian Penal Code in 1870 at the time Indian were not having any fundamental rights. When India became republic and citizens of this country bestowed upon themselves freedom of speech and expression under Article 19(1)a, a question was posed to Supreme Court of India in Kedarnath Singh vs State of Bihar about its constitutionality and changed body politic and fundamental rights of citizens of India having freedom of speech and expression barring the area of restrictions under Article 19(2) In the case of Kedar Nath Singh constitution bench of Supreme Court declared Section 124A of IPC as constitutionally permissible under reasonable restrictions. 

Since the judgment of Kedar Nath Singh Case questions have been raised by many about the constitutionality of Section 124A IPC specially when the originator country of Sedition done away with the provision of sedition. Questions have always been raised on the misuse of its use and poor conviction rate which may be an indicator of misuse of sedition charges.

With the notice to Union of India on the petition challenging constitutionality it may open up a fresh debate on this section of Indian Penal Code. A seven judge bench of Supreme Court may consider the case in near future if Supreme Court think it a fit case for reconsideration about constitutionality of sedition. Just few months ago a petition challenging Section 124A of IPC was junked by the Supreme Court bench.

Petitioners in the instant case are two journalists, Kishorechandra Wangkhemcha from Manipur and Kanhaiya Lal Shukla from Chhattisgarh, who have earlier been implicated under sedition charges.