New Delhi2 minutes ago
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The Supreme Court has sought a reply from the Central Government regarding Section 152 related to treason in the new law of India justice (BNS) made in 2023. The court has said that it will consider its constitutional validity i.e. being correct according to the Constitution.
Petitions Retired Major General S.G. Vombatkere has filed. He has said that Section 152 of BNS is like the old sedition law (Section 124A), but is more strict, dangerous and unclear than that.
A bench of CJI BR Gawai, Justice’s Vinod Chandran and Justice NV Anjaria issued a notice on the petition. The court has also ordered to connect the old case in this petition in which the IPC’s treason law was already challenged. In the next hearing on this issue, the government will have to present its case in the court.
The petitioner’s arguments …
- This new law is also like the old law.
- It violates Article 14 (Equality) of the Constitution, Article 19 (1) (a) (freedom of expression) and Article 21 (life and freedom).
- The words used in it (eg “intentional” or “intention”) are not properly defined, which can make the government misuse them.
- This law can suppress the freedom of disagreement and criticism, which is necessary for any democracy.
The court stayed the old law
Earlier in July 2022, the Supreme Court banned the Old Treason Act (Section 124A of IPC). The court had said that it will not be implemented until the review of this law is completed. In the new law (BNS), the same provisions have been brought back to new names and new language.
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