The Pakistan Criminal Code’s Section 124-A, which the current administration had routinely utilised against dissenters, including journalists, in recent years, was nullified by the Lahore High Court on Thursday. This is a positive step. The LHC’s Judge Shahid Karim delivered the decision in response to related petitions that asked the court to strike down the sedition statute.
The court must rule that Section 124-A of the PPC is “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, 19A of the Constitution,” according to the petitioners, who are members of the public.
Section 124-A of the Pakistan Penal Code (PPC) criminalizes “any words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in Pakistan.” This provision is commonly known as the “sedition law.”
The law was broad and vague, making it easy to misuse and abuse. It could be used to silence legitimate dissent and criticism of the government, which is a fundamental right in a democratic society. The United Nations Human Rights Committee has stated that laws criminalizing the expression of opinions about the government are incompatible with the right to freedom of expression.
The law was open to misuse and has been used in Pakistan to harass and intimidate journalists, activists, and opposition politicians. The law can be invoked against anyone who criticizes the government or its policies, even if the criticism is peaceful and non-violent. The sedition law undermines democratic principles and institutions by suppressing legitimate dissent and stifling free and open debate. The mere existence of the law can have a chilling effect on free speech, as people may self-censor out of fear of being charged with sedition.
At the end of the day, the repeal of the law will protect and promote the rights and freedoms of the people.
