Citizens have the right to criticise the government as long as their words do not incite violence or public disorder, the Bombay High Court said here on Tuesday. The State could not slap sedition charges on them for making fair criticism, the court said.
The court was hearing a Public Interest Litigation petition filed after the arrest of cartoonist Aseem Trivedi in the year 2012. The government had booked him for sedition after he drew seven cartoons in support of the ‘India Against Corruption’ movement, then led by social activist Anna Hazare.
“The cartoons displayed at a meeting held on 27 November, 2011 in Mumbai, as a part of the movement launched by Anna Hazare against corruption in India, were full of anger and disgust against corruption prevailing in the political system and had no element of wit or humour or sarcasm,” said a division bench of the court led by Chief Justice Mohit Shah. “But for that reason, the freedom of speech and expression available to the third respondent to express his indignation against corruption in the political system in strong terms or visual representations could not be encroached upon, when there is no allegation of incitement to violence or tendency or intention to create public disorder,” the judgement said.
Soon after the arrest of Mr Trivedi, the government had issued guidelines to deal with cases related to sedition. The court said on Tuesday that the State should widely circulate these guidelines.
Mr. Trivedi had drawn cartoons which, the State alleged, “defamed Parliament, the Constitution of India and the Ashoka emblem,” and “tried to spread hatred and disrespect against the government.”
The State later withdrew the sedition charges against the cartoonist and the Bombay High Court granted him bail.
