{"id":57841,"date":"2023-06-22T16:00:02","date_gmt":"2023-06-22T10:30:02","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=57841"},"modified":"2023-06-06T16:16:24","modified_gmt":"2023-06-06T10:46:24","slug":"sg-vombatkere-vs-union-of-india","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/sg-vombatkere-vs-union-of-india\/","title":{"rendered":"SG Vombatkere vs. Union of India"},"content":{"rendered":"\n

Citation:\nWrit Petition (Civil) No. 128 of 2019<\/strong><\/p>\n\n\n\n

Court:\nSupreme Court of India<\/strong><\/p>\n\n\n\n

The\ncase of SG Vombatkere vs. Union of India (2022) is a significant development in\nthe context of the sedition law in India. Indian Penal Code Section 124A deals\nwith sedition and criminalizes any attempt to excite disaffection towards the\ngovernment. The constitutional validity of this section has been a subject of\ndebate for a long time, with critics arguing that it is being used to stifle\ndissent and criticism of the government.<\/p>\n\n\n\n

SG\nVombatkere, a retired army general, along with other petitioners, filed writ\npetitions before the Supreme Court of India challenging the constitutional\nvalidity of Section 124A of the IPC. The petitioners contended that the section\nwas violative of the right to freedom of speech and expression guaranteed under\nArticle 19(1)(a) of the Indian Constitution. They argued that the section was\nbeing used to stifle dissent and criticism of the government. They further\nargued that the section was vague, and its interpretation was arbitrary,\nleading to a violation of the right to equality before the law guaranteed under\nArticle 14 of the Constitution.<\/p>\n\n\n\n

The\nmatter was first heard in July 2021 by a two-judge bench comprising Justices UU\nLalit and Ajay Rastogi. The bench directed the petitioner to serve a copy of\nthe writ petition to the Attorney General of India. The matter was listed for\nfurther hearing in October 2021. In April 2022, a notice was issued to the\nCentral Government by the bench, directing it to file a response to the writ\npetitions. On 7th May, the Solicitor General of India, Tushar Mehta, filed a\nwritten submission on behalf of the government. On 9th May, an affidavit was\nfiled on behalf of the Union of India. On 11th May 2022, a three-judge bench\ncomprising Chief Justice NV Ramana, Justice DY Chandrachud, and Justice Surya\nKant put Section 124A in abeyance, stating that the provision could not be used\nto stifle the right to dissent. The bench observed that the sedition law had\nbeen misused in the past, and it was time to revisit the law in light of its\nimpact on freedom of speech and expression.<\/p>\n\n\n\n

Overall,\nthe case of SG Vombatkere vs Union of India (2022) highlights the need to\nsafeguard freedom of speech and expression in India and prevent the misuse of\nthe sedition law to stifle dissent and criticism of the government.<\/p>\n\n\n\n

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