Lawstreet Journal

Kerala High Court Refuses to Quash Sedition Case against Person Accused of Maintaining a Parallel Telephone Exchange in Secrecy

Lawstreet Journal 5 Oct 2020 9:16pm

Image courtesy: Lawstreet Journal Judiciary Kerala High Court Refuses to Quash Sedition Case against Person Accused of Maintaining a Parallel Telephone Exchange in Secrecy

The Kerala High Court rejected a plea to quash a sedition case against a person accused of maintaining a parallel Telephone Exchange in secrecy. 

Justice P Somarajan observed that Section 4 and 20 of the Indian Telegraph Act, 1885 and Section 3 and 6 of Indian Wireless Telegraphy Act, 1933 are independent offenses having no overriding effect over Chapter XII of the Indian Penal Code. The present crime was registered by Manjari police station on Firoz, the allegation of an offence punishable under Section 124 A, 420 IPC, Section 4 and 20 of Indian Telegraph Act, 1885, and Section 3 and 6 of Indian Wireless Telegraphy Act 1933.  

He filed a petition before the High Court and rely on the Supreme Court judgment in State of Uttar Pradesh v. Aman Mittal 2020 (1) KLT 260 (SC) on the ground that the penal provision under the Indian Penal Code, 1860 would not stands attracted and the accused cannot be charged for the said offence when it is covered by the provisions contained in the special enactment. 

Justice P Somarajan noted that in Aman Mittal's case (Supra) was observed that Section 3 of Essential Commodities Act, 1955 completely overrides the provision of Chapter XII of Indian Penal Code,1860 and as such the accused cannot be charged for the same offence under Chapter XII of Indian Penal Code, 1860.

According to Section 20 of the Telegraph Act, 1885 if any person establishes, maintain, or works a telegraph within India in contravention to the provision of Section 4… Continue Reading...


Tagged: Kerala HC   kerala high court  
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