After getting rapped by the Bombay high court over the arrest of cartoonist Aseem Trivedi, the Maharashtra government on Friday submitted a draft circular to the high court, which says that a criticism of political leaders or government per se does not call for pressing of the charge of “sedition”.
In a six-point draft circular, which was submitted by advocate-general Darius Khambata to the division bench of Chief Justice Mohit Shah and Justice N.M. Jamdar, the government has said that sedition charge would apply if the act creates disaffection towards the government and incites violence.
“Words, signs or representations must bring the government into hatred or contempt or must cause or attempt to cause disaffection, enmity or disloyalty to the government. They must be incitement to violence or must be intended to create public disorder....” the draft circular says.
Words, signs of representations against politicians or public servants per se do not fall under the category of sedition. “Comments expressing disapproval or criticism of the government with a view to obtaining change of government by lawful means are not seditious under Section 124 (a) of the IPC. Obscenity or vulgarity should also not be taken into account under this charge,” the circular reads.
It was submitted during the hearing of PIL filed by lawyer Sanskar Marathe against Trivedi’s arrest on sedition charge.