Anti Government Slogans Not Sedition Punjab And Haryana High Court

Observing that raising slogans against the government in a democracy does not amount to sedition by itself, the Punjab and Haryana High Court recently upheld the acquittal of persons accused of vandalising and setting ablaze an electricity office when violence erupted after Dera Sacha Sauda chief Gurmeet Ram Rahim Singh’s 2017 rape conviction.

A bench of Justices Vinod S Bhardwaj and Sukhvinder Kaur dismissed the state of Haryana’s appeal against the trial court judgment acquitting the accused of various offences, including under Section 124A (sedition) of the Indian Penal Code.

“A violent protest may amount to rioting but such action of violence would not be perceived as an act of bringing in hatred or contempt against Government. A sloganeering against the Government or wings of governance, in an elected democracy, would not be sufficient to slap charges of sedition against its citizens,” the order dated July 2 read.

According to the prosecution, a mob of 14-15 people, armed with lathis, gandasis (axe-like tool) and petrol bottles, attacked the Uttar Haryana Bijli Vitran Nigam (UHBVN) office in Kalayat on August 25, 2017, damaged computers, furniture and other public property, and set the premises on fire while raising slogans in support of Ram Rahim.

The trial court had recorded that the state had failed to prove its case against the accused and acquitted them. The state contended that the trial court had misappreciated the evidence and wrongly acquitted the accused despite clear oral and documentary evidence establishing their involvement in the attack.

Opposing the plea, the counsel for the accused stated that the state had failed to identify any legal flaw in the trial court’s judgment.

The high court noted that the prosecution witnesses had failed to prove that the accused were at the scene of crime, which the state’s counsel could not dispute. “The forensic evidence also fails to lend support to the prosecution version. Despite the allegation that petrol bottles had been used for setting the UHBVN office on fire, the report of the Forensic Science Laboratory, Madhuban, did not detect any traces of kerosene, petrol, diesel or their residues on the burnt articles,” the court said.

The high court also noted that the allegations did not satisfy the requirements for a charge of sedition. It observed that a violent protest may amount to rioting, but it would not be perceived as an act of hatred or contempt against the government. The evidence merely suggested sloganeering against the government, which is only a means of showing protest.

It rejected the state’s argument that the trial court had ignored key evidence or committed any mistake in analysing the evidence. “…the Trial Court has not acquitted the respondents merely on account of minor discrepancies but the acquittal is founded upon substantial contradictions, material omissions, doubtful recoveries, lack of reliable identification, inconsistent investigation, absence of forensic corroboration,” the court noted.

The prosecution failed to establish the statutory ingredients of several offences alleged against the accused, it noted. It was for the prosecution to establish the guilt of the accused beyond all reasonable doubt, the court held, adding that “suspicion and suppositions are probabilities and not proof.” Hence, it dismissed the state’s appeal and upheld the trial court’s acquittal order.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More