Why SC red-flagged sedition case against rebel YSR Cong MP, Andhra news channels
Amaravati, June 11: Sedition charges against a rebel MP of Andhra Pradeshs ruling YSR Congress Party (YSRCP) best exemplifies why the state registered maximum number of cases in the country under section 124A of the Indian Penal Code (IPC) in 2021.
According to National Crime Records Bureau (NCRB), Andhra Pradesh topped the list of states in sedition cases in 2021.
The southern state accounted for 29 sedition cases out of total 76 registered in the country during that year. Manipur and Nagaland were at the second position with just seven cases each.
Andhra Pradesh is one of the five states with most sedition cases between 2014 and 2021. The state recorded 32 cases during the period.
NCRB statistics show that from 2014 to 2018 only three sedition cases were booked in the state. No case under IPC section 124A was registered in the state in 2019 and 2020.
The YSRCP government headed by Y.S. Jagan Mohan Reddy has come under flak for slapping sedition charges against political opponents, critics and even media organizations.
Leader of Opposition and former Chief Minister N. Chandrababu Naidu says that the sedition case is part of the Jagan government's autocratic tactics to silence all dissenting voices in the state.
The cases booked in 2021 include one against Raghu Rama Krishna Raju, the rebel MP of the ruling party for his remarks against Chief Minister Jagan Mohan Reddy. Two Telugu news channels were also booked for sedition for airing MP's views.
The CID had registered a suo moto case against Raju, a Lok Sabha member from Narsapuram, under sections 124 (A) (sedition), 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), 505 (statements conducing to public mischief) read with 120 B (criminal conspiracy).
According to the CID, there was information against Raju that he had been indulging in hate speeches against certain communities and promoting disaffection against the government.
"A preliminary enquiry has been ordered by ADG CID PV Sunil Kumar IPS. It was found that through his speeches Raju was indulging in a systematic, schematic effort to cause tensions among the communities and by attacking various government dignitaries in a way which will cause loss of faith in the government which they represent. There is hate speech against communities and social groups also, which was used to foment social and public order disturbances in conspiracy with a few media channels," the CID had stated.
Raju was arrested on May 14, 2021 from his residence in Hyderabad and shifted to the regional office of CID in Guntur on the same day
The MP, who had undergone a heart bypass surgery, approached the Supreme Court alleging that he was tortured in state police custody.
The state government, however, had dismissed the allegation of police torture and also defended its action of registering FIR against the MP.
The state government said: "It is not a one-time slip or an error of judgment but the statements (by Raju) have been made in furtherance of a deliberate design and a conspiracy hatched by several individuals including the petitioner herein to create unrest in the State by dividing people on the basis of caste and religion. In doing so, Raju abused his authority and reach as a public person to create enmity between various class of citizens and excite disaffection towards the government, the state maintained."
Its affidavit further stated that being a MP does not offer any immunity to the petitioner. "On the contrary, being an elected representative to the Lok Sabha, the Petitioner owes a higher level of responsibility," the state submitted.
In his petition, Raju claimed that his right to criticize the government was part of his fundamental right to free speech. But the state government argued that such a right cannot extend to "creating a situation where public order is disturbed".
It produced speeches made by Raju over the past one year encouraging people of one religious community to beat and kill members of another religious group.
"The arrest was not a knee jerk reaction. The words and actions of the petitioner MP were manifesting in actual violence across the state. It was then the state decided to register FIR. It is a settled position of law that the police can register an offence suo moto... The petitioner cannot be heard to say that the state ought to have waited with folded hands till an actual complaint was filed," the state government added.
The Supreme Court had later granted bail to Raju, observing that the report of his medical examination indicated that he may possibly have been ill-treated in custody. The court had also asked him to cooperate with the investigation.
The action against the MP came after he openly criticised the government's handling of the Covid-19 crisis and even demanded cancellation of bail granted to the Jagan Mohan Reddy in a corruption case.
The MP alleged that the case was booked against him out of personal vendetta.
Raju wondered how a case of sedition could be booked against him for speaking out against the misrule and corruption of the government.
He pointed out that the Supreme Court has already observed that the section relating to sedition is useless and it should be scrapped.
In the same case, the Supreme Court stayed coercive action against two TV channels TV5 and ABN Andhra Jyothi who were accused of sedition.
The Supreme Court had observed the broadcasting of programmes by TV channels and publication of views by print media, however, critical of government may not be seditious
The apex court also stated that it would also endeavor to define sedition in the context of such charges being invoked against media. "It's time we define the limits of sedition," Justice D.Y. Chandrachud, who is now the Chief Justice of India, observed in 2021.
"We are of the view that provisions of 124A (sedition) and 153 (promoting enmity between classes) of the IPC require interpretation, particularly on the issue of the rights of press and free speech," observed the bench headed by Justice Chandrachud
Last year, the Andhra Pradesh CID had served notice directing him to appear before it in the sedition case. However, the MP had sought time to appear.
The MP alleged that the government was scared as the notice was issued to him after he announced that he will visit Narsapuram.
While no further progress was made in the case, the MP moved Andhra Pradesh High Court in February 2023 seeking directions to order a probe by the CBI or SIT against officers of CID who subjected him to custodial torture
He said the medical board set up by the Supreme Court with army doctors also confirmed custodial torture.
