Can someone tell me why Mr. K. Chandrashekhar Rao and his friends, who are trying everything possible to break up Andhra Pradesh and form a new Telangana state, are not booked for sedition against the Andhra Pradesh state? Aren't they showing disaffection towards the state?
Shouldn't the entire BJP, then headed by Mr. L.K. Advani, and the Congress under Mrs. Sonia Gandhi, all be put behind bars for the same crime, since all of them have openly supported the breaking up of Andhra Pradesh?
Sure, section 124-A applies only to 'offences against' the Government of India, not state governments, so that's not the question. The question is, why?
If 'exciting disaffection' against the state is a crime punishable with life-imprisonment, why don't the same standards apply at the State level? On what basis has the central government legally assumed the power to alter state boundaries at will, and legally commit sedition, as it were?
Is it simply because the Government of India is a military power whereas the states are not? Or is it because state governments are simply hanging around with no real purpose?
Or, all of a sudden, are we talking about the right to not just free speech, but also free action of politicians, irrespective of whether it means 'disaffection towards' or 'war against' the people of the state?
Of course, this line of questioning opens up a pandora box full of people in the Maharashtra Ekikaran Samiti trying to annex parts of Karnataka to Maharashtra, supporters of the Kodava state, those asking for a separate North Karnataka state, those who helped form the new states of Uttarakhand, Chhattisgarh and Jharkhand, etc.
In reality, all of them have shown 'disaffection to the state'. If the sedition law is retained in the IPC, it must be expanded in scope to cover all the above, in order for the law to remain consistent. But yes, it would continue to be against free speech, and that's a different story.