Derogatory Remarks For PM Is Not Sedition, Karnataka HC Quashes FIR

The Karnataka High Court has recently declared that using abusive words against the Prime Minister is derogatory and irresponsible, but it does not amount to sedition.

The court dismissed a sedition case against the management of Shaheen School in Bidar and advised schools to refrain from encouraging criticism of governments.

Justice Hemant Chandangoudar, at the Kalburgi bench of the High Court, quashed the FIR filed by the New Town Police Station against the school management. The court found that the ingredients of Section 153(A) of the Indian Penal Code (causing disharmony between religious groups) were not present in the case.

While acknowledging the derogatory nature of uttering abusive words against the Prime Minister, Justice Chandangoudar emphasized that constructive criticism of government policies is permissible. However, insulting constitutional functionaries for their policy decisions, even if some individuals object, is unacceptable.

The court noted that the play performed by the children within the school premises did not incite violence or create public disorder. The play came to public attention when one of the accused uploaded it on social media. Therefore, the court concluded that the FIR registered under Section 124A (Sedition) and Section 505(2) was impermissible due to the absence of essential elements.

The sedition FIR was filed against the school authorities following a play that criticized the Citizenship Amendment Act (CAA) and the National Register of Citizenship (NRC), performed by students of Classes 4, 5, and 6 on January 21, 2020. The four individuals were charged under various sections of the IPC, including insulting someone intentionally (Section 504) and sedition (Section 124A).

The High Court also provided guidance to schools, recommending that they focus on fostering a child’s academic interests through appealing and creative subjects, while avoiding undue influence from current political issues. The court suggested providing knowledge and technology that benefits students in their academic curriculum.