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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Sedition law declared unconstitutional: Lahore High Court 

Sedition law declared unconstitutional: Lahore High Court 

Pakistan’s Lahore High Court has struck down Section 124A of the Pakistan Penal Code, which criminalises sedition stating that it was inconsistent with the provisions of the Constitution of Pakistan as it violates Article 19 which provides for freedom of speech and expression. The law of sedition in Pakistan is quite identical with that of India and states that “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 Federal or Provincial Government established by law 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.”

The Court was hearing a bunch of petitions seeking to annul the said law as being ultra vires in terms of Article 8 of the Constitution of Pakistan and also being inconsistent with the fundamental rights provided under Articles 9 (right to life), 14 (right to dignity), 15 (freedom of movement), 16 (freedom of assembly), 17 (freedom of association) and 19 (freedom of speech), 19A (right to information) of the Constitution of Pakistan.

Recently in May 2022 the Apex Court of India also directed that proceedings under Section 124A of the Indian Penal Code, which criminalises sedition, be kept in abeyance till the government’s exercise of reviewing this law is complete asking the governments not to continue the investigation or take coercive steps in all pending proceedings under the provision till the government’s exercise is complete.