UPSC Daily Editorial Analysis | Fortifying Freedom | 21st July 2022

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What the article is about:

  • Supreme court ordered Alt news co founder be released on interim bail in all FIRs registered against him.

Relevance:

  • GS2: Structure, organisation and functioning of the judiciary, Indian constitution.

Analysis:

  • Supreme court’s order for immediate release of Alt co founder on interim bail and SC’s order that all the FIRs in a case should be clubbed and to be transferred to the Delhi police’s special cell is a hopeless intervention.

What is interim bail:

  • Interim bail may be a bail granted for a brief period of your time. Interim bail is granted to an accused before the hearing for the grant of normal bail or anticipatory bail.

Why SC’s intervention is welcome and hopeful:

  • At times when arrest has become norm rather than the exception, court needs to step forward to protect individual rights.
  • The court has drawn some lines that will prevent authorities to act arbitrarily.
  • In Vinod dua vs Union of India, the supreme court had clarified that the spirit and intent of Kedar singh verdict will be held as the guiding framework on matters concerning free speech.

Kedar Nath singh vs Union of India: 

  • The Supreme Court upheld the constitutional validity of the sedition law ( section 124A of IPC) it attempted to restrict its scope for misuse.
  • The court held that unless accompanied by an incitement or call for violence, criticism of the government cannot be labelled sedition.

Important of intervention by SC:

  • The unfortunate trend of weaponising the IPC to curb voices against person in power will be curbed.
  • Moreover, the highest court has acted as custodian of rights of individuals, and protected the freedom of speech and expression ( Article 19 (1) a). 



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