This story first appeared in www.livelaw.in

The Supreme Court on Wednesday posted to May 5 for final hearing the petitions challenging the constitutional validity of the offence of sedition under Section 124A of the Indian Penal Code.

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli was considering two writ petitions filed by Army veteran Major-General SG Vombatkere (Retired) and the Editors Guild of India respectively.

Solicitor General of India Mr.Tushar Mehta submitted that the Central Government’s counter-affidavit is ready and can be filed within two days.

The bench posted the matter for final disposal on May 5, after directing the Centre to file its affidavit by the end of this week. The reply to the affidavit should be filed by next Tuesday. No further adjournment will be granted, the bench said. “We’ll have hearing on May 5th. No adjournment, we’ll have full day hearings”, CJI Ramana said.

Senior Advocate Kapil Sibal appeared for the petitioners. Senior Advocate Sanjay Parikh mentioned a petition filed by Peoples Union for Civil Liberties (PUCL) which has not been listed. Senior Advocate Vrinda Grover mentioned a Petition filed by journalists Patricia Mukhim and Anuradha Bhasin, which was also not listed.

The CJI asked if it was necessary to multiply the petitions on the same point of law and delay the matter. Mr. Parikh submitted that he will assist Mr.Sibal in the lead case and will not multiply the submissions.

While issuing notice on the petitions in July 2021, the CJI had orally made critical remarks against the provision.

“Is it still necessary to retain this colonial law which the British used to suppress Gandhi, Tilak etc., even after 75 years of independence?”, the CJI had asked the Attorney General for India.

“If we go see history of charging of this section, the enormous power of this section can be compared to a carpenter being given a saw to make an item, uses it to cut the entire forest instead of a tree. That’s the effect of this provision”, the CJI had said.

In April 2021, another bench led by Justice UU Lalit had issued notice on a petition filed by two journalists challenging Section 124A IPC.

Case Title: S.G. VOMBATKERE vs UNION OF INDIA ( WPC 682/2021) EDITORS GUILD OF INDIA AND ANR. vs UNION OF INDIA AND ORS. (WPC 552/2021)

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Priya Ramani’s courage as well as that of a key defence witness and journalist, Ghazala Wahab, in testifying against Mr Akbar has been characterized as vindication of the #MeToo movement in India, but it is much more than that.

It is a vindication of us women journalists, who have forever protested sexual harassment and assault and shied away from unwelcome attention in the newsroom. All we want is a safe working space, so that we can hold the outside world to account; instead, we often find that the predators are within.

Priya Ramani went to meet the former editor M J Akbar for a job interview, as long back as in 1994. It took her till 2017 to write about it in a magazine when the #MeToo movement broke the floodgates in the US. She only named Akbar in a tweet the following year, upon which he filed a criminal case against her, accusing her of defaming him. She was now a double victim.

The IWPC applauds Priya Ramani’s determination not to give up, for breaking the silence around this issue. Fact is, even at the height of the #Metoo movement, only 20 women journalists decided to go public about their ordeal, consumed by a misplaced sense of honour.

The IWPC hopes that women journalists across the country will find the courage to emulate Priya Ramani and Ghazala Wahab. They have shown us the way.