Thursday, December 30, 2010

Re: [HumJanenge] reg sedition

friends, I do understand that there are a lot of its and buts in the country as far as honesty or integrity or lawfulness or compliance with laws are concerned.  I am a born Indian and will be for ever. But being an Indian, it is my fundamental duty, irrespective of what others do, to abide by the Constitution and strive to improve, educate the masses about their rights, liberties and duty (under Article 51-A). I have to honestly  put my effort to bring peace and tranquility to the extent possible.   I believe in the mass understanding the law of the country and do their bit to not only abide by it but also take corrective peaceful action wherever it is necessary.  The country belongs to all of us  and not a private property of any individuals or any political parties.   I do not intend or attempt to gain any name, fame or  rewards in this venture.  If my writings offend any of the groups or anybody else, they have the privilege either to ignore or to block the display of write ups.Regards, dwarakanathdm,nbca

On Thu, Dec 30, 2010 at 9:46 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
Hi Dwarakanath /group

I dont know in what context this definition has been uploaded, perhaps it refers to PMK's warnings in Binayak' Sens' discussions

I surmise that PMK is concerned about members like Major Ravi who were similarly jailed for their utterances and now go about posting pro-Maoist comments on various unmoderated blogs and RTI groups purporting to be written to Constitutional Officers. To illustrate such utterances
http://iesmorg.blogspot.com/2010/06/views-of-maj-pm-ravindran.html

"This letter is a deliberate effort in that direction. The only other option available to me is to pray that the naxalites and maoists chose their targets correctly whenever they decide to strike because the other options- approaching the police or the judiciary- is beyond the pale of ordinary mortals in this country. It is pertinent to recall that as per the survey results of Transparency International the police and judiciary are the most corrupt institutions in this country which in turn is one of the most corrupt in the whole world. "

We don't need a police officer like Amitabh Thakur, IPS to see that such statements would otherwise directly fall under definition of sedition you have uploaded except for the fig-leaf of its purportedly being written to a Chief Minister,

Sarbajit


On Thu, Dec 30, 2010 at 6:42 AM, Dwarakanath <dwarakanathdm@gmail.com> wrote:
Friends, I reproduce below the definition of 'sedition' under the Indian Penal Code. for information:
  124-A:   Sedition – whoever by words, either spoken or written, or by signs or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for Life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.  [explanation-1- The expression "disaffection" includes disloyalty and all feelings of enmity, Explanation 2- Comments expressing disapprobation of the measures   of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.  Explanation 3- Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.


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