Thread by @barandbench

[Virtual Canteen - At 5:00 PM]: The theme of today's discussion would be "Our right to dissent ". The discussion has been organized by the Delhi High Court Women Lawyers Forum.

[Live Updates]
#dissent #delhiwomenlawyers

Justice Deepak Gupta (Retired) SC Judge, Sr. Adv. Rebecca John and Chitranshul Sinha, are the key note speakers, along with Adv
Ritu Bhalla and Manali Singhal. Adv. Arundati Katju and Adv. Swaty Singh, will be moderating the discussion.

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The discussion will starting shortly.

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Session begins

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Ritu Bhalla:

"The virtual canteen today will talk about right to dissent. Can there be true democracy without a right to dissent? "

Adv. Katju introduces Justice Gupta and Adv. Rebecca John and Adv. Chitranshul Singha.

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Justice Gupta: "It's a pleasure to speak on a topic like this."

Justice Gupta continues:

I would have thought that keeping in mind the trial of Mahatma Gandhi and G. Tilak, this law should have been taken away, but it still exists.

"Disaffection is such a broad term that any could amount to sedition."

We live in a democracy, where there is a right to freedom of speech and expression.

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Justice Gupta: If even one party comes into power, it is not immune to criticism. "Right to dissent" is a hallmark of the democracy.

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Justice Gupta: The rate of conviction in such cases which curb dissent are very low. Even if the person is acquitted, their right to reputation is vandalized/destroyed.

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Justice Gupta:

"For me, every thought must be respected and reasoning should their behind every argument. If he stifle dissent, there will be no progress."

J Gupta: I may totally disagree, but we should not be violently disagree. In the last 9-10 years, we have our sense of humor. Today, I'm also scared to share or crack a joke even with someone close to me, because they might find it offensive.

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J Gupta:

"We are breaking ourself into different fragments. We all must get together."
One of the most essential element of rule of law is fairness and that means, equal protection."

"Having a protest is not public disorder"

Justice Gupta concludes

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Manali Singhal: "Do you think a time has come that SC should not be a mute spectator and take up Suo moto cognizance?"

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"We need to train our magistrates that remand is not automatical. They have to be retrained."

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Sedition should be a non-cognizable offence and on the question of SC, I would say that Suo moto cognizance cannot be taken in every case but High Courts should take up the cause : Justice Gupta

Manali Singhal:

"Today we see that any criticism of the government is termed as anti-national."

While Referring to various arrest made by the State to curb free speech.

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Manali: Why is Disha behind bars?

"My daughter Shreya was of the same age as #DishaRavi when she challenged the constitutional validity of Section 66A of the IT Act."

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Manali introduces Rebecca John to speak on the law of arrest in the country.

"She has made a Mark in a male dominated filed."

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Rebecca J: Referring to Disha Ravi

The young lady was picked up from Bangalore, because it was a cognizable offence. I don't understand why the lawyer was not informed about the place of her arrest.

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"If you are arresting someone from a different state then the Police should approach the nearest Magistrate."

- Rebecca John

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"Recently a client came to me, who was arrested and was behind bars for eight days that too for offence which were merely bailable and the magistrate was also not well acknowledged with the laws it seems."Personal liberty is linked with procedural law." R.John

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Further, Rebecca John talks about how liberty is being curtailed through National Security laws:

"People who have expressed dissent with the policy of the government have been pushed in under special laws, like UAPA and other National Security laws."

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Rebecca John: It seems that today "bail is the exception, and jail is the right of prosecuting agency"

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"I have had senior journalist sending me tweets before they publish it. What kind of regime is this?"

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Why should I be identical to everyone? Why is it that we insist that people should talk in one language, should not criticize the government? Accordingly, the Superior courts should interfere.

: Rebecca John

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Manali introduces @Ghair_Kanooni (Chitranshul) and talks about his recent book on sedition.

"I have read the book which has been written by Chitranshul" Adds Rebecca John.

@ghair_kanooni :

"The law against sedition did not find place in the early years and the first trial happened in 1891."

Chitranshul:

In Kedarnath, the Court held that only when public disorder would be disturbed then the law of sedition can be invoked. Even in Balwant Singh case, the Court said that a slogan cannot attract Sedition.

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@Ghair_Kanooni adds

In fact few years back a PIL was filed to impose guidelines, but the Court only said that Kedarnath guidelines should be followed. In Maharashtra, there are certain guidelines, but those are only limited to the State and there are no uniform guidelines.

If the law of sedition should remain in the statute book then there should be safety valve.

J. Gupta previously stated that:

The right to dissent is the most important one, and there is no democracy without it.

I would like to add to this quote that "Dissent is also a duty"

@arundhatikatju : @Ghair_Kanooni
"How do other democracies use sedition laws today? How do they deal with dissent?

"It is a tool for the ruling party, whosoever comes in power, to suppress dissent."

@Ghair_Kanooni

It's high time that 124 should be challenged yet again. We need that space to express our opinion.

Manali to @Ghair_Kanooni

"Chitranshul, if you are going to jail after the discussion, then you'll be a having a great company. We all will be there with you."

@Ghair_Kanooni : Yes, and "Rebecca Ma'am would be representing all of us."