Nearly a month after the Supreme Court hit the pause button on the sedition law, 26-year-old film director Aisha Sultana from Lakshadweep has got a reason to smile. On Wednesday, the Kerala High Court stayed the investigation under Section 124A of the IPC against the filmmaker for three months. No further action will be taken by the Lakshadweep police in her case, the court said.
The stay is based on the recent interim order of the Supreme Court staying all investigations and trials in sedition cases after the Centre said that it is examining the validity of the colonial era law. The government is examining whether there is a need to strike it off from the statute book or tweak it in a way that it does not interfere with civil liberties and freedom of expression.
Aisha had been in the forefront of protests against the revised standard operating procedures regarding Covid-19 protocol put in place by the new administrator. At a time when she was already speaking against certain policy changes which threatened to snatch the land rights of the indigenous people, her remarks, made during a television debate, triggered an FIR against her on grounds of sedition in 2021 following a complaint by the BJP’s Lakshadweep unit president.
Aisha is the sole accused in the sedition case. But after the Supreme Court order and the central government's assurance that the colonial era penal provision needs reconsideration and review, she has got a fresh breather from the court.
K.A. Akbar, an advocate representing her case in the Kerala High Court, said that the relief to Aisha is a welcome step and reinforces the assurance given by none other than the prime minister himself that outdated British era laws have no place in the country.
''The Supreme Court's interim order expressed a positive view to offload colonial baggage. In view of the prime minister's positive outlook to offload such colonial laws and since it is so unconstitutional, I hope section 124A will be excluded from the Indian Penal Code,'' said Akbar.
Aisha is among those who have got immediate reprieve from the court because of the fact that her case does not have other stringent provisions invoked against her. In many cases, those booked for sedition also have accompanying charges under IPC, IT Act or UAPA.
The relief to Aisha, meanwhile, is also expected to clear the air on whether criticism of the ruling establishment or governance issues will not attract penal action in future.
“'We are happy Aisha has got reprieve from the court because as citizens we don't want to become accused for criticising the people we elected. We will continue to raise our voice against poor governance,'' Akbar said.
In her petition, Aisha said she was distressed and highly aggrieved because of the incorporation of her name as a sole accused in the sedition case registered in Kavaratti police station in 2021. She said that as a native and resident of Chetlath island, she raised her voice against the new draconian amendments brought in by the new administrator. She said she had no ulterior motives or ''vexatious intentions'' and she has been falsely implicated in the case.
On May 11, the Supreme Court put the sedition law on hold putting on record the prime minister's unequivocal views in favour of protection of civil liberties and human rights.