ANIObserving that expression of a view which is dissent from a decision taken by the Central Government itself cannot be said to be seditious, the Supreme Court on Wednesday dismissed a PIL seeking action against National Conference president Farooq Abdullah over his comments on abrogation of Article 370 of the Constitution.
A bench of Justices Sanjay Kishan Kaul and Hemant Gupta rejected the plea and also imposed a fine of Rs 50,000 on the petitioners for making such claims and directed them to deposit the amount with the Supreme Court Advocates Welfare Fund within four weeks.
"The expression of a view which is dissent from a decision taken by the Central Government itself cannot be said to be seditious. There is nothing in the statement which we find so offensive as to give a cause of action for a Court to initiate proceedings.
"Not only that, the petitioners have nothing to do with the subject matter and this is clearly a case of publicity interest litigation for the petitioners only to get their names in press. We must discourage such endeavours," the bench said.
The top court was hearing a plea which referred to his statement on restoring Article 370, which gave special status to Jammu and Kashmir, and contended it clearly amounts to a seditious act and therefore he is liable to be punished under section 124-A of the IPC.
The petition filed by Rajat Sharma and Dr Neh Srivastava, both belonging to an organisation Vishwa Guru India Vision of Sardar Patel, alleged that the former chief minister is trying to "hand over" Kashmir to China and thus, he should be prosecuted for Sedition.
"Mr Farooq Abdullah has committed an offence punishable under section 124-A of Indian Penal Code. As he has made the live statement that for restoring Article 370 he would take help of China which clearly amount to seditious act and therefore he is liable to be punished under section 124-A of the IPC," the plea said.
The petitioners also referred to a statement made by BJP spokesperson Sambit Patra to claim that Abdullah is misleading the people of Jammu and Kashmir to join China for the restoration of Article 370 of the Constitution.
A bench of Justices Sanjay Kishan Kaul and Hemant Gupta rejected the plea and also imposed a fine of Rs 50,000 on the petitioners for making such claims and directed them to deposit the amount with the Supreme Court Advocates Welfare Fund within four weeks.
"The expression of a view which is dissent from a decision taken by the Central Government itself cannot be said to be seditious. There is nothing in the statement which we find so offensive as to give a cause of action for a Court to initiate proceedings.
"Not only that, the petitioners have nothing to do with the subject matter and this is clearly a case of publicity interest litigation for the petitioners only to get their names in press. We must discourage such endeavours," the bench said.
The top court was hearing a plea which referred to his statement on restoring Article 370, which gave special status to Jammu and Kashmir, and contended it clearly amounts to a seditious act and therefore he is liable to be punished under section 124-A of the IPC.
The petition filed by Rajat Sharma and Dr Neh Srivastava, both belonging to an organisation Vishwa Guru India Vision of Sardar Patel, alleged that the former chief minister is trying to "hand over" Kashmir to China and thus, he should be prosecuted for Sedition.
"Mr Farooq Abdullah has committed an offence punishable under section 124-A of Indian Penal Code. As he has made the live statement that for restoring Article 370 he would take help of China which clearly amount to seditious act and therefore he is liable to be punished under section 124-A of the IPC," the plea said.
The petitioners also referred to a statement made by BJP spokesperson Sambit Patra to claim that Abdullah is misleading the people of Jammu and Kashmir to join China for the restoration of Article 370 of the Constitution.
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2 Comments on this Story
 | Ravindran Subramanyam2 hours ago The Chinese intelligence must have paid a few million dollars to the Indian judiciary to give a favourable judgement to the desh drohi Farooq Abdullah who said in a TV interview that Kashmiris will take the help of Chinese PLA to liberate Kashmir and reinstate article 370 which was passed in both houses of parliament. These so called learned judges don't have any idea about constitution of India and how a traitor like Nehru and successive Congress governments kept this temporary article going to favour the traitorous Kashmiri muslims and the separatists like these desh drohis. The imbecile Farooq Abdullah does not realize that the Chinese PLA don't have the guts to attack India and take on the elite mountain division. The Indian special forces will not only give a bloody body to Chinese PLA but also meet them with murderous fire from the Apache helicopter gunships, Rafale fighters and SU-30 MKI fighters. What a pity that Indian judiciary in their greed and avarice are supporting desh drohis like Farooq Abdullah!!!! Can't the central government do anything to rein in the money crazy judiciary??? |
 | Suresh Kamath3 hours ago These RESPONSIBLE MEMBERS of PARLIAMENT as Farooq Abdullah has NOT just commented about against Article 370 BUT has also made an INTENT Clear to ask /request the ENEMY CHINA to help them to REIMPOSE the Article 370 which is NOT just a passing remark as mentioned by the Honorable Judge and such INTENT and encouraging the LOCALS to rebel against the NATION hence becomes an ANTI NATION rising and such Comments be severely ACTED upon by the BENCH as such comments are NEVER expected from an ELECTED Member INCITING the PEOPLE and hence PENAL action a MUST and NO INDIAN would like such comment against the COUNTRY |