The Punjab and Haryana High Court has held that sloganeering against the government or its wings of governance, by itself, is not sufficient to attract the offence of sedition. The ruling came as a Division Bench of Justices Vinod S Bhardwaj and Sukhvinder Kaur upheld the acquittal of persons booked in connection with the violence that broke out after the conviction of Dera Sacha Sauda chief Gurmeet Ram Rahim in 2017.

The Bench said such expression was only a means of dissent and could not be equated with hatred, contempt or disaffection against the government. Dismissing the state’s appeal against the Kaithal Sessions Judge order acquitting the accused, the Bench held that Section 124-A (sedition) of the IPC was not made out.

“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. A frustration or dissatisfaction or even outrage is not a disaffection or hatred,” the Bench said.

It further observed that courts were required to ensure “when the charge becomes grave and the punishment harsh, the ingredients and their existence is strict. The evidence on record is merely suggestive of slogan against government, which is only a means of expressing dissent and not hatred/contempt or disaffection.”

The appeal arose out of the judgment dated September 23, 2019, passed by the Sessions Judge, in an FIR registered in 2017 at Kalayat police station in Kaithal district.

The Bench was told that the FIR was registered after an HBVN Sub-Divisional Officer complained that about 14-15 persons, armed with lathis, ‘gandasas’ and bottles containing petrol, proceeded towards the office while raising slogans. Apprehending danger to their lives, the complainant and other officials left the premises. The assailants allegedly entered the office, damaged computers, printers and furniture and set the office on fire before the blaze was extinguished with the assistance of the Fire Brigade.

The prosecution alleged that the accused were raising slogans in support of the Dera Sacha Sauda chief and indulged in vandalism and arson.

Examining the evidence, the High Court found no ground to interfere with the acquittal. The Bench noted that the state, despite being asked, failed to point out any material on the basis of which the trial court findings could be faulted.

The Bench also found the investigation wanting on the issue of identification. “It is worthwhile to notice that no test identification parade was ever conducted, despite the claimed position that none of the witnesses had any prior acquaintance with the accused persons. The accused were identified for the first time during their appearance in Court,” it said.