Arrests that are not warranted

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  Arrests that are not warranted

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1. The story: The arrest of an MP from Andhra Pradesh on charges of sedition became a cause of concern due to the misuse of the provision.
2. Sedition issue: It is an offence defined in Section 124A IPC which is often used by the police against the critics of the establishment and prominent dissenters. This section is invoked only if there is an imminent threat to public order or there is actual incitement to violence or against the person who excites disaffection against the government. It is a colonial-era provision which is used to imprison people for political writings in support of Indian independence which still remains in the statute book.
3. The MP's arrest: He was an vocal criticizer of the A.P. Chief Minister and was arrested for the political vendetta. The prosecution has claimed that his speeches has caused hatred against communities -MP referred to alleged rampant conversion activities in the state- by invoking Section 153-A or Section 505 of IPC. The Section 153A of IPC deals with the offence of promoting disharmony, enmity or feelings of hatred between different groups. This is on the grounds of religion, race, place of birth, residence, language, etc and acts prejudicial to maintenance of harmony. The Section 505 of IPC  aims to check and punish the spreading of false and mischievous news intended to upset the public tranquility.
4. Justifiable or not: The arrest was unwarranted as the MP was accused only for speech-based offences and the offences under this section attracts a prison term of only three years. In  the "Arnesh Kumar case (2014)", the Supreme Court ruled that there is no need to arrest a person for an offence that invites a prison term of seven years and less. Further, even sedition, which allows a maximum sentence of life imprisonment, also prescribes an alternative jail term of three years.
5. Learning: While the legal process will take its course, it is once again the time to reflect on the need and relevance of this offence to remain on the statute book. State governments and various police departments are known for the casual resort to prosecution under this section. In most cases, this section is used despite the necessary conditions to invoke this section is absent. This shows a poor understanding of the law among civil servants everywhere. The terms are vaguely and broadly defined (disaffection includes disloyalty and feelings of enmity). This calls for a total reconsideration  of this section and recently the Supreme Court decided to revisit its  constitutionality. 

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