Kya Haal Hai! Twist in Right to Freedom of Speech
jurisprudence bar_exam intermediate trick_questionQuestion: "A person is arrested for criticizing the government on social media. While in custody, he writes an article saying the same things. Can he be charged for sedition under Section 124A IPC?"
Hmmm, what do you think? Easy peasy, right? Most students will think, "Arre, free speech na, woh koi issue nahi!" But here's the catch - the person didn't just criticize the government in his article, he also called for violence against the government. Now, the question becomes a little tricky. See, in Shreya Singhal vs. Union of India (2015), the Supreme Court ruled that freedom of speech does not encompass the right to incite violence. But here, the person was arrested for criticizing the government, and then wrote the article in custody.
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"Main aapke saath nahi reh sakta. Yeh twist to right to freedom of speech ka faisla kuch sahi nahi lagta. Agar koi log hamaare desh mein gandi gandi ghatnaaon ko hamesha public kar rahe hain to phir woh log koi jimmewar ho gaye hain?