Section 124 A of PPC declared repugnant to the Constitution
The Lahore High Court , Lahore has declared the law of sedition as contained in Section 124 A of Pakistan Penal Code, 1860 against the fundamental rights enshrined under Constitution. The Court has declared the said law ultra vires in terms of Article 8 of the Constitution being repugnant to constitutional guarantees including freedom of speech, movement, assembly, association and of expression provided under Articles 15, 16, 17 and 19 of the Constitution and in derogation of fundamental rights.
The impugned law of sedition was originally drafted in 1837 by Thomas Macaulay (a British historian-politician) but was omitted when the Indian Penal Code was enacted in 1860. In 1870, the sedition law was enacted through an amendment vide insertion of Section 124 –A in Indian Penal Code, 1860 through Penal Code (Amendment) Act, 1870 by the colonial masters to perpetuate their imperial rule. After partition the law remained intact as a residue and relic of oppressive colonial legacy which had been introduced to rule the subjects.
A few public interest petitions challenging Section 124-A of PPC were filed in the Lahore High Court, Lahore wherein it was argued that the said provision of law was brought into force to suppress the voices of dissents.
Section 124 A of PPC
A part of chapter VI of “Offences against the State” in the Pakistan Penal of Code, 1860, the section 124-A reads as follows:
“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.”
Section 124 A of Pakistan Penal Code was enacted to prohibit the feeling which may be excitee against the Government in a variety of ways. One of the possible ways is unfair condemnation of any of the services of the Government. Other might be sedition which contemplates degree of disaffection, hatred or contempt which induces people to refuse to recognize the government at all. The main ingredients of an offence under Section 124 –A were:
a) the accused spoke or wrote the words or made signs or visible representations, or did some other acts in question;
b) the accused thereby brought or attempted to bring into hatred or contempt, or excited attempted to excite disaffection; and
c) such disaffection was directed towards Federal or Provincial Government established by law.
