Climate change activist Disha Ravi has got bail in the toolkit case related to the farmers’ movement. During this, he also gave the example of a case in which the accused in the sedition case was exonerated.
This case is of the year 1942, due to which India was fighting the war of independence from the British.
Climate change activist Disha Ravi has got bail in the toolkit case related to the farmers’ movement. In this toolkit case, Delhi Police arrested Disha Ravi from Bengaluru on February 13, who has now been granted bail on a personal bond of one lakh rupees. While giving bail to Disha Ravi, the court has also made many harsh comments. During this time, Additional Sessions Judge Dharmendra Rana of the Patiala House Court said many things that are being discussed a lot.
During this period, Dharmendra Rana said, ‘In a democratic country, citizens are the ones to show the way to the government. They cannot be sent to jails simply because they disagree with the policies of the government. He also gave an example of a case in which the accused in the sedition case was exonerated. This case is pre-independence, when the Federal Court gave this decision. In such a situation, you know what that case was and what the court said in this decision…
What was that case?
This case is of the year 1942, when India was fighting the war of independence from the British. This case is called ‘Niharendu Dutt Majumdar vs Rajshahi’. The case was between Niharendu Dutt Majumdar and the English ruler. In this case, a case of sedition was registered against the then revolutionary leader Niharendu Dutt Majumdar. He was arrested for giving a speech against the government. In fact, the appellant i.e. Niharendu Dutt gave a speech in Calcutta on April 13, 1941, due to which he was convicted of treason.
He was also sentenced to 6 months in jail with a fine of 500 rupees. The verdict was challenged, after which the British court’s federal court quashed the treason case. Please tell that Niharendu was the founder general secretary of the ‘Bolshevik Party of India’ (BPI) and he founded the Bangla Labor Party (BLP) in 1933. This party had an important role in the labor movements of West Bengal at that time.
What did the court decide?
Niharendu had said in his speech that the government did not take steps to stop the communal disturbances raging during the Dhaka riots. Because of this a case was filed against him. In this judgment, the court said, “If the government’s conceit is hurt, then the minister cannot be prosecuted for treason on this basis only.” Chief Justice Sir Maurice Gwyer (1937–43) had said, ‘Public disorder and violence are necessary in treason. In such a situation, this is a law made in the interest of public order under Article 19 (2), but it may impose a reasonable restriction on the fundamental right to freedom of speech. ‘
Let me tell you that whenever a case of treason is mentioned, at that time this case is definitely mentioned. Actually, the decision given in this case is considered a historic decision.
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