Disaccord with the Government views: Not punishable under Sec. 124A of IPC

Disaccord with the Government views: Not punishable under Sec. 124A of IPC

The former Chief Minister of Jammu and Kashmir should not face charges as per section 124A of the IPC for placing his opinion differs from that of the Government as stated by the Supreme Court. The background of the case is as follows:

According to the plea filed by Rajat Sharma and Dr. Neh Srivastava, the former CM of J&K had made remarks concerning the abrogation of Article 370 of the Constitution. It also stated that Farooq Abdullah remarked that the situation required involving China and a deliberate attempt from his side to surrender Kashmir to China.

The petitioners also claim that the former CM, Farooq Abdullah, should be booked under section 124A of the IPC since he also tried to deceive the people of Jammu and Kashmir at the encounter of restoring Article 370 of the Indian Constitution.

Lastly, the Supreme Court Bench consisting of Justices Sanjay Kishan Kaul and Hemant Gupta said that the former Jammu and Kashmir CM, Farooq Abdullah, won’t be charged under IPC since disaccord with the Government’s outlook and the policies not considered as a seditious offense.

Mihir Popat
I am a 2nd-year student of Jindal Global Law School, O.P. Jindal Global University. I stand by the concept of Kobayashi Maru that is winning a non-win situation by rewriting the rules. As a first-generation lawyer, my goal is to make never-ending contributions to the legal fraternity through my knowledge of the Law gained through hard work and perseverance.