Political Leader Claiming That His Party Will Form Govt Is Not Sedition: High Court Grants Relief To Jharkhand BJP President

The Jharkhand High Court has held that a political statement by the President of a State Unit of a national political party expressing confidence that his party will form the government in the State cannot be equated with exciting disaffection against the government established by law.

The Court observed that such statements are part of normal political discourse and do not meet the threshold required for offences under Sections 124A, 504, or 506 of the Indian Penal Code.

Justice Anil Kumar Choudhary was hearing a petition filed seeking to quash an FIR lodged against the Jharkhand BJP President. The FIR alleged that in a press conference, the petitioner had declared that the BJP government would be formed in the State within two months and that the current government would not be allowed to continue, which was described as a “murder of democracy” and alleged to amount to criminal conspiracy and sedition.

The Court observed that political speech aimed at expressing the aspiration of a party to form government, even if strongly worded, cannot be interpreted as inciting hatred, contempt, or disaffection against the existing government. On the charge under Section 124A, it observed:

“… even if the entire allegations made against the petitioner in the F.I.R. are considered to be true in their entirety, still the same is insufficient to constitute the offence punishable under Section 124A of the Indian Penal Code.”

For the alleged offence under Section 504 of the IPC, the Court noted that there is absolutely no allegation against the petitioner of intentionally insulting anybody.

“Claim by the President of the State Unit of a National Political Party that the Government of his party will be formed in the State of Jharkhand in the next two months, by no stretch of imagination, can be termed as intentionally insulting anybody provoking him to commit breach of peace or commit any other offence,” the Court observed.

Lastly, for the alleged offence under Section 506 of the IPC, the Court observed that there is no allegation against the petitioner of threatening anyone with injury to his personal reputation or property, and the petitioner did not do anything to cause alarm to the victim of any offence or cause the victim to perform any act which he was not legally bound to do.

Accordingly, the Court quashed the entire criminal proceedings, observing that even if the contents of the offence for which the F.I.R. has been registered are made out.

Case Title: Deepak Prakash v. State of Jharkhand & Anr. [Cr.M.P. No. 2652 of 2020]

Click Here To Read/Download Order

Appearances:

• For the Petitioner: Mr Sagar Kumar
• For the State: Mr Manoj Kumar, GA-III, Mr Ashok Kr. Yadav, Sr. SC I
• For Opposite Party No. 2: Mr Gaurav Abhishekh