Pak court rules sedition law unconstitutional in ‘huge victory’ for free speech | The Business Standard
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May 28, 2023

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SUNDAY, MAY 28, 2023
Pak court rules sedition law unconstitutional in ‘huge victory’ for free speech

World+Biz

TBS Report
30 March, 2023, 05:35 pm
Last modified: 30 March, 2023, 05:43 pm

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Pak court rules sedition law unconstitutional in ‘huge victory’ for free speech

TBS Report
30 March, 2023, 05:35 pm
Last modified: 30 March, 2023, 05:43 pm
Photo: Collected
Photo: Collected

The Lahore High Court (LHC) of Pakistan on Thursday (30 March) revoked Section 124-A of the Penal Code which pertains to the crime of sedition or inciting "disaffection" against the government, terming it inconsistent with the constitution.

Activists, journalists, and legal eminence welcomed the decision with a chorus of praise, hailing it as an emphatic victory for the protection of fundamental liberties and a significant step towards enacting legal reforms in the nation, reports DAWN. 

Justice Shahid Karim of LHC made the verdict in response to identical petitions that asked the court to strike down the sedition law. A written ruling has yet to be made public.

One of the petitions, filed by a citizen Haroon Farooq, which was identical to all other pleas urged the court to declare Section 124-A of the PPC 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, 19A of the constitution".

According to the petition, the law has been recklessly used in Pakistan as a tool of exploitation to curb the right to free speech and expression guaranteed under Article 19 of the constitution.

The petition said the law was serving as "a notorious tool for the suppression of dissent, free speech and criticism in free and independent Pakistan".

Here, we look at Pakistani experts' opinions on the repeal of the anti-sedition legislation.

Lawyer Abuzar Salman Niazi stated that the sedition law had been struck down for being unconstitutional, as it violated Article 19 of the Constitution, which guarantees the right to free speech.

He also paid tribute to the late journalist Arshad Sharif, noting that it was his idea and lifelong dream to see the law repealed.

Senior journalist Hamid Mir stated that those who had previously used the colonial-era law to suppress journalists and political activists in Pakistan "should apologise to the nation".

He also recalled that the PTI government had opposed a bill to repeal the law in parliament during its tenure.

Journalist Munizae Jahangir praised the LHC for its decision, stating that it is high time for Pakistan to rid itself of undemocratic and draconian colonial laws that were left behind by the British.

She emphasised the importance of abandoning all laws that curtail fundamental rights and embracing a democratic culture in Pakistan.

PTI leader Andleeb Abbas noted that the sedition law had been "a curse for free speech" and expressed hope that a new era of legal reforms would begin soon.

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Pakistan / free speech

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