CASE: Ayshommabi AM @ Aysha Sulthana v. Union Territory of Lakshadweep 2022 (Ker) 267
Shubhi Rathore | Prabhat Bandhulya | Sonal BhargavaThe Kerala High Court in the case of Ayshommabi AM @ Aysha Sulthana v Union territory of Lakshadweep on Wednesday temporarily stayed the sedition proceedings stemming from the First Information Report (FIR) registered against filmmaker Aisha Sultana in 2021 by the Lakshadweep Police. In accordance with the Supreme Court's previous directives, Justice Ziyad Rahman AA issued an interim judgement halting the proceedings under Section 124A (sedition) of the Indian Penal Code (IPC) for a term of three months. Aysha Sultana was criticised over a year ago after making comments on the Media One channel about the new Lakshwadeep Administrator, Praful Patel, and the change in COVID-19 protocol on the islands, which was blamed for the rapid surge in COVID positive cases in the Union Territory.
Following that, a BJP member filed a complaint against her, citing a comment in which she purportedly suggested that the administration had unleashed a "bio weapon" by easing COVID protocols. According to the complainant, this was a "anti-national act." Sultana sought anticipatory bail after the Kavaratti Police issued FIRs against her under Sections 124A (Sedition) and 153B (imputations, assertions detrimental to national-integration) of the Indian Penal Code (IPC). Sultana's case took a new turn in May 2022.
Now, as the Supreme Court has put the colonial seditious law in abeyance, she approached the court for the interim relief stating that, she merely raised her voice against the amendments made by the authorities in COVID-19 protocol and had been distressed and highly aggrieved by legal allegations against her that are false.The Kerala HC stayed the sedition proceedings for 3 months on the basis of the Supreme Court's order.