Conversation in audio clip, including derogatory references towards role of Indian Army in Galwan, shall not amount to sedition, in absence of intention to create public disorder

India had a history of war regarding border issue with neighbouring countries. Since time immemorial, India facing the problem of international border issues. The day or the other, there appears news regarding tension at the border site. Recently, there happened a clash between the Indian Army and Armed forces of China that took place in the Galwan Valley of Ladakh region. With that reference, an audio clip containing a conversation between accused and co-accused went viral on social media. That conversation contained derogatory references to the role of the Indian Army in Galwan misadventure of armed forces of China.

On basis of aforesaid information received regarding the alleged audio clip, FIR registered against accused persons for the offence of sedation. Accused is a Councillor of Ladakh Autonomous Hill Development Council, Kargil. For an indulgence of accused in the demeaning role of Indian Army in Galwan conflict as also bringing the country to contempt by unsavoury and objectionable conversation, accused also suspended from discharging functions of Councillor of LAHDC Kargil.

Undoubtedly, in conversation, the accused has demeaned Indian Forces and eulogized the armed forces of China in the context of the recent Galwan valley conflict between two nations. It is equally true that conversation contained in the audio clip, which was circulated on social media by co-accused, does bring into contempt the Government established by law in India, but unless conversation has tendency or intention of creating public disorder or disturbance of public peace by incitement to an offence, same would not be sedition. It is not a case of the prosecution that conversation, which went viral on social media, had a tendency or intention of creating any public disorder or incitement to an offence.

There is even no material to demonstrate any criminal conspiracy between accused and co-accused to commit sedition or other offences or prior concert or meeting of minds to commit offences with which both have been charged by police.

The act of the accused would be saved by a fundamental guarantee to free speech and expression assured to citizens of the Country.

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