On January 19 a division bench of chief justice Mohit Shah and justice Nitin Jamdar re-heard a PIL filed by advocate Sanskar Marathe following the arrest of cartoonist Aseem Trivedi. The court had reserved its verdict on October 19, 2012. The Paris attacks in January made the bench recall that it had dealt with a cartoonist's case.
Advocate general Sunil Manohar had submitted that the State has taken a prima facie view that Trivedi's cartoons do not amount to offence under Section 124A (Sedition) of the Indian Penal Code.
He submitted a draft of guidelines to be issued to the police saying, it will bring clarity in the investigations but added that "while it is necessary that innocent should be protected, the guidelines should not fetter the police."
He assured that the state would take care of the apprehension that an individual may suffer because of the abuse of power by the investigating agency.
Reserving its verdict, the bench had remarked that state should not proceed without obtaining prior permission from a DCP level officer or legal opinion before arrest.
http://timesofindia.indiatimes.com/followceleb.cms?alias=Section 124A,Aseem Trivedi
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