Fawad Chaudhry’s arrest and the extremely rough treatment meted out to him once again brings the sedition laws under Pakistan Penal Code (PPC) into the national discourse.
Pictures and videos of a handcuffed national leader, himself a lawyer and former minister, circled across the world and only added to the negative perception that currently accompanies the name of Pakistan.
Countries such as UK, Ireland, Australia, Canada, Ghana, Nigeria and even Uganda, have already banished the “sedition law” as an undemocratic, undesirable and unnecessary law that conflicts with the democratic freedom of speech.
Even in India, the Supreme Court barred all governments in May 2022 from invoking this law. It is “not in tune with the current social milieu, and was intended for a time when this country was under the colonial regime,’ the Court argued in an interim order, and urged the Centre and the state governments to refrain from registering any FIRs under the said provision until the Centre re-examines the British-era law.
Why did the Indian Supreme Court swing into action? Because sedition cases under the Modi government grew by 28% and since 2014, authorities filed more than 500 cases, involving more than 7,000 people.
What is Section 124-A ?
“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.”
India’s iconic leader Mahatma Gandhi was also sentenced to six years in prison under the same sedition law. During the trial he had called the Section 124-A as the “prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen”.
Almost all rulers in Pakistan – civil and military both – have been using the law to maul our silence opposition leaders, rights’ activists, journalists. Reckless police officials don’t spare even students when trying to tame protests. In February 2020, Ammar Ali Jan, a student rights activist, had petitioned the Lahore High Court, questioning the legality of an FIR lodged against him under Section 124(a). Ex-PM Imran Khan is the latest casualty of this arcane law.
PPP Senator Raza Rabbani had in June 2020 moved the Pakistan Penal Code (Amendment) Bill — 2020 in the Senate, seeking to abolish the Section 124-A but the PTI law minister opposed it.
Will political parties ever unite to get rid of this colonial era tool of suppression, or will the Supreme Court – the guardian of fundamental rights – ever wake up to at least advise the parliament to revise , if not banish Section 124-A ?
