Against the sedition law.

In the current era, Section 124-A of the Pakistan Penal Code, 1860 (PPC) is unacceptable in a democracy as it is a constraint on the legitimate exercise of constitutionally guaranteed freedom of expression and speech. As there is no legal justification for criminalising political dissent, this law must be construed to only penalise statements that incite public disorder. Section 124-A of PPC, which is commonly known as the 'Sedition Law', reads: '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 Federal or Provincial Government established by law 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.'

The phrase 'the Federal or Provincial Government established by law' in section 124-A must be distinguished from criticism of a specific party or persons, not from the government. The charges levelled against Fawad Ch are unlawful and illegal as the ECP is neither the federal nor provincial government. Since the State machinery is essential in maintaining peace and stability, statements that fall under section 124-A ibid would disturb public order. However, the offense of sedition is constituted only when the words spoken have the tendency or intention to create disorder or disturb public peace by resorting to violence. But the words spoken by Fawad Chaudhry in the media talk against the Election Commission of Pakistan (ECP) have no tendency or intention to create disorder or disturb public peace by resorting to violence as ECP or its members are not 'government or state'.

As per FIR, Fawad Chaudhry has been charged with sedition Under Article 124-A of PPC; with promoting enmity between different groups Under Section 153-A ibid; with giving statements conducing to public mischief under section 505 ibid and with criminal intimidation under section 506 of PPC. Fawad has been accused of threatening the chief election commissioner and other ECP members and of calling ECP a 'munshi'. The FIR says Fawad warned the election commissioner, ECP members and their families that they will have to face if anything 'unjust' happened to his party. He is also accused of making hurdles in the process of election procedure. After his arrest, the capital police obtained his transit remand...

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