LAHORE: Justice Shahid Karim of Lahore High Court (LHC) has struck down Section 124-A of the Pakistan Penal Code (PPC), which deals with sedition, for being inconsistent with the Constitution.
The law, which penalises individuals for attempting to incite hatred or contempt towards the government through speech or action, has been a topic of controversy in Pakistan. It carries a punishment of imprisonment for life or up to three years, in addition to a fine.
A set of petitions challenged the clause on the grounds that the government used it against its rivals, and urged the court to declare the law as “ultra-vires in terms of Article 8 of the Constitution being inconsistent with and in derogation of fundamental rights provided under Article 9, 14, 15, 16, 17 and 19, 19-A of the Constitution.”
The judgment, which was reserved on the petitions of Barristers Salman Abuzar Niazi, among others, was pronounced Thursday.
The petitioners argued that the sedition act was a relic of colonial rule and had been used for political purposes. The Constitution of Pakistan guarantees freedom of expression, and, according to the petitioners, Section 124-A should be struck down as it is being used to suppress political dissent.
The petition argued that the sedition law has been recklessly used to curb the right to free speech and expression guaranteed under Article 19 of the Constitution.
It also cited cases where various politicians, journalists, and activists were booked under Section 124-A of the PPC, and argued that the law is serving as a notorious tool for the suppression of dissent, free speech, and criticism in Pakistan.
