Suddenly, the District administration wakes up to the fact that certain portion of the land in use by the GITAM University was unauthorized and decides to demolish in the early dead night hours on 24th October, 2020.
On 2020-10-24, House Motion petition is moved and an interim Stay order was passed at 7.30PM
On 2020-10-25, Stay was further continued until next date; Both parties directed not to demolish/construct any structures till that time
A 5-judge bench decided the test to apply in case of a sedition charge against an individual, while upholding the constitutional validity of the sedition section i.e., 124A IPC.
Citations : [1963 ANWR 1 40], [1962 BLJR 10 636], [1963 MLJ SC 1 40], [1962 SUPP SCR 2 769], [1962 CRI LJ 2 103], [1962 SCR SUPL 2 769], [1962 AIR SC 955], [1962 AIR SC 995], [1962 SCC 0 955], [1962 CRLJ 103], [1962 AIR SCC 955], [1962 SCR 2 769], [1962 SC 0 955], [1962 SUPSCR 2 769], [1962 SUPPSCR 2 769], [1962 AIR 955], [1962 SCR SUPP 2 769]
Other Sources :
https://indiankanoon.org/doc/111867/
https://www.casemine.com/judgement/in/5609ab1fe4b014971140bb97
Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Explanation 1.—The expression “disaffection” includes disloyalty and all feelings of enmity.
Explanation 2.—Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3.—Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Single-judge bench of Gujarat High Court held as follows:
From Para 35,
35. From the contents of the news items published in the Times of India on 30th and 31st May, 2008 in the context of which the above referred two first information reports have been lodged, it is apparent that there is nothing therein which would cause disaffection amongst the members of the police officers against the State Government established by law. The contention that the comments regarding the State Government having appointed a person with a criminal background like the second respondent would induce in the minds of the subordinate officers an impression that they should not obey him and thus, induce disloyalty, does not merit acceptance inasmuch as what is stated in the articles is only an expression of an opinion as regards the act of the Government in appointing the second respondent as Commissioner of Police. If the contention of the second respondent were to be accepted no adverse comment could be made as regards the appointment/promotion of any officer belonging to the police force, which cannot be the intention of the legislature while enacting the said provision. The test for the invoking the said provision would be whether the news items in question has the propensity of evoking amongst the members of the police force feelings of disaffection towards the Government established by law in India or the effect of inducing any member of the police force to withhold his service or to commit a breach of discipline. Besides, the news item has to be read from the stand point of a reasonable man. On a bare reading of the articles in question from the armchair of a reasonable person, the same can, in no manner, be said to have the effect of causing disaffection towards the Government nor can the same be said to have the likelihood of inducing any member of the police force to withhold the service or to commit a breach of discipline. A mere comment on the wisdom of the State Government in appointing the second respondent as Commissioner of Police in the context of his background, can in no manner induce a prudent member of the police force to withhold his service or commit a breach of discipline, nor can such comment have the effect of creating disaffection against the Government. The provisions of section 3 of the said Act would, therefore, not be attracted in the facts of the present cases.
And then in Para 36,
36. Another aspect of the matter is that a perusal of the allegations made in the first information reports shows that the contents of the sections invoked against the applicants have been mentioned therein so as to make out an offence under section 124A IPC and section 3 of the Police (Incitement to Disaffection) Act, 1922. In this regard it may be apposite to refer to the decision of the Supreme Court in Vijaya Rao v. State of Rajasthan and another (supra) wherein it has been held that mere reference to the expressions mentioned in the provision would not disclose commission of an offence, when the ingredients constituting the offence in question are conspicuously lacking. In the facts of the present case, merely
because in the first information reports, it has been stated that the articles in question have been published with the intention to cause hatred against senior police officers of the State Government established by law and that the same have been published as an attempt to cause contempt and hatred against the State Government, the same would not fall within the ambit of section 124A IPC or section 3 of the Police (Incitement to Disaffection) Act, 1922, when the ingredients for constitution of an offence under section 124A IPC and section 3 of the said Act are woefully lacking.
Supreme Court held that, just by using the words/expressions used in statutes/provisions does not disclose any offence, when the necessary ingredients constituting Section 420 are conspicuously lacking in the complaint.
From Para 5,
5. Except using the expressions fraudulent misappropriation and mala fide intention, the allegations in the complaint do not at all disclose as to how the appellant can be found guilty of the offence under Section 420 IPC. The ingredients constituting Section 420 are conspicuously lacking in the complaint. All the courts have failed to address themselves to the crucial question whether as far as the appellant is concerned any offence under Section 420 or for that matter any offence under Section 409 has been committed. Even going by the allegations in the complaint, allowing the criminal proceedings to go on against the appellant, would result in abuse of the process of the court. Hence, the proceedings in Complaint Case No. 10 of 2000 on the file of the Chief Judicial Magistrate, Sikar are quashed as against the appellant. The appeal is allowed accordingly.
Citations : [2006 CCR 2 122], [2006 SLT 3 405], [2005 SCC 7 69], [2005 SCC CRI 1600]
Others Sources :
https://www.casemine.com/judgement/in/56ea89ae607dba38b6e4923a
Ashwini Kumar Upadhyaya ji has launched a lot of Public Interest Litigation and since the entire collection is not available in a single place, the following is a curated list for interested folks.
Initiated between 1986-1990
Initiated between 1991-1995
Initiated between 1996-2000
Initiated between 2001-2005
Initiated between 2006-2010
Initiated between 2011-2015
Initiated between 2016-2020
Initiated between 2021-2025
Initiated between 2021-2025
Vagua allegations don’t take fake cases far. Bombay HS quashed the fake case of 498A IPC against the relatively.
From Para 14,
14. Nowadays, it has become a tendency to make vague and omnibus allegations, against every member of the family of the husband, implicating everybody under Section 498-A of the Indian Penal Code. Hence, it has become necessary for the Courts to carefully scrutinize the allegations and to find out if the allegations made really constitute an offence and meet the requirements of the law at least prima facie.
Justice Shri Shiv Narayan Dhingra ji fined 25K INR to be paid to the Respondent, due to the delay tactics employed by Petitioner/her Advocate in dragging on the case…
Since there was 1 judgment from a 3-judge bench of Supreme Court which said Preliminary Inquiry is mandatory u/s 340 CrPC, the 2-judge bench in this case, referred this point to a Larger bench.
From Para 14,
14. In any event, given that the decision of the three-Judge Bench in Sharad Pawar (supra) did not assign any reason as to why it was departing from the opinion expressed by a Coordinate Bench in Pritish (supra) regarding the necessity of a preliminary inquiry under Section 340 of the CrPC, as also the observations made by a Constitution Bench of this Court in Iqbal Singh Marwah (supra), we find it necessary that the present matter be placed before a larger Bench for its consideration, particularly to answer the following questions:
(i) Whether Section 340 of the Code of Criminal Procedure, 1973 mandates a preliminary inquiry and an opportunity of hearing to the would-be accused before a complaint is made under Section 195 of the Code by a Court?
(ii) What is the scope and ambit of such preliminary inquiry?
15. Accordingly, we direct the Registry to place the papers before the Hon’ble Chief Justice for appropriate orders.
This was answered by a three-judge bench as follows:
Citations :
Other Sources :
Index of Perjury case laws is here.
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