The Punjab and Haryana High Court has ruled that shouting slogans against the government in a democratic nation does not constitute sedition, as it upheld the acquittal of individuals accused of rioting and arson following the 2017 conviction of Dera Sacha Sauda leader Gurmeet Ram Rahim Singh.
A division bench comprising Justices Vinod S Bhardwaj and Sukhvinder Kaur dismissed an appeal filed by the Haryana state government, which had challenged a trial court verdict clearing the accused. The bench observed that while violent protests may amount to rioting, such actions cannot be interpreted as attempts to spread hatred or contempt against the government.
Deficiencies In Prosecution Evidence
In its July 2 ruling, the high court highlighted major gaps in the state’s case, noting that prosecution witnesses failed to prove the presence of the accused at the scene of the crime in Kalayat.
Furthermore, forensic analysis did not support the state’s claims. Although the prosecution alleged that the mob used petrol bombs to set fire to the Uttar Haryana Bijli Vitran Nigam (UHBVN) office, a report from the Forensic Science Laboratory in Madhuban showed no traces or residues of petrol, kerosene, or diesel on any of the burnt materials recovered from the site.
The court rejected the state’s argument that the trial court had overlooked key evidence, concluding that the acquittal was justified due to significant contradictions, unreliable identification of suspects, doubtful recoveries, and a lack of forensic corroboration.
Legal Limits Of Sedition
Addressing the charge under Section 124A of the Indian Penal Code, which deals with sedition, the judges clarified that political slogans against public administrations are a form of protest rather than an act of sedition.
The bench emphasized that the burden of proving guilt beyond a reasonable doubt lies entirely with the prosecution, stating that suspicion and suppositions do not count as legal proof.
Background Of The Case
The prosecution’s case originated from an incident on August 25, 2017, when a mob of 14 to 15 people armed with wooden sticks, axes, and petrol bottles allegedly stormed the UHBVN office in Kalayat. The group was accused of destroying furniture and computers, setting the building on fire, and chanting slogans in support of Ram Rahim after he was convicted of rape.
The local trial court had previously acquitted the accused after finding that the state failed to present sufficient evidence, a decision the high court has now finalized.
