Major General Sudhir Vombatkere (retired) is one of the petitioners who challenged the constitutional validity of the colonial-era sedition law in court. But this is not his first crusade. In the past, the Mysuru resident has campaigned for the protection of the city’s environment and heritage
Major General Sudhir Vombatkere (retired) challenged the sedition law in court on the ground that it causes “chilling effect” on speech
In a big move, the Supreme Court put on hold the controversial colonial-era sedition law, allowing the Centre to re-examine and reconsider provisions of Section 124A of the Indian Penal Code (IPC). The law will remain suspended until the court hears the case next, which is in July next year.
The top court has asked the government to avoid filing fresh cases and those already booked under Section 124A and are in jail can approach courts for bail. The historic order would not have been possible if a bunch of petitioners did not challenge the sedition law in court. Leading from the front in the fight to scrap the law is Major General Sudhir Vombatkere (retired).
Challenging the sedition law
A resident from Mysuru, Vombatkere in a plea filed before the SC submitted that Section 124A of the IPC, which deals with the offence of sedition, is wholly unconstitutional and should be “unequivocally and unambiguously struck down”.
“The petitioner contends that a statute criminalising expression based on unconstitutionally vague definitions of ‘disaffection towards Government’ etc. is an unreasonable restriction on the fundamental right to free expression guaranteed under Article 19(1)(a) and causes constitutionally impermissible “Chilling Effect” on speech,” the plea said.
The petition said there is need to take into account the “march of the times and the development of the law” before dealing with Section 124A.
‘Injustices have to be opposed’
The Supreme Court agreed to hear the plea challenging the constitutional validity of the sedition law in July 2021. Nine months on, the challenger – Vombatkere – has every reason to pat his back.
The 80-year-old retired army officer said that he approached the court when the Constitution that vowed to protect was being challenged. Talking to NDTV, Vombatkere said, “Every soldier takes an oath to defend the Constitution, they defend the Constitution even at the risk of their lives. And the country’s borders are defended by the armed forces in order that the people within the country can sleep safely and enjoy the freedoms and rights that the Constitution gives. That is the reason for my taking up this case.”
He was glad that with the order hundreds charged with sedition would get immediate relief and could apply for bail.
According to Congress leader and senior lawyer Kapil Sibal, who is fighting the sedition case on behalf of the petitioners, there are over 800 sedition cases filed across India and 13,000 people are in jail.
Vombatkere told NDTV that he decided to fight the case because he thought the injustices which were being done needed to be opposed. “Injustices have to be opposed, they have to be resisted. I took to activism as I believe there have been injustices by all governments, state and central, regardless of their political colour,” said the retired general.
However, the sedition law is not the only “injustice” Vombatkere has put his weight behind. He has in the past raised his voice against social and environmental issues.
A green crusader
The crusdar has opposed the thermal power plant in Chamalapura near Mysuru and the cutting down of trees on the heritage Narasimharaja Boulevard and is fighting to protect heritage buildings in the city, reports The Times of India. He had backed the Narmada Bachao Andolan and had invited its leader Medha Patkar to Mysuru, where he has been residing for three decades, to raise awareness about the agitation.
“He [Vombatkere] always thinks and works for the protection of Mysuru’s heritage. If he is with us, it’s a great strength and he is also a role model to many,” historian and heritage expert N S Rangaraju had told The New Indian Express.
A green campaigner, Vombatkere practices what he preaches, often seen moving around the city on a bicycle. He is vocal about consumer rights and development issues, often giving speeches, writing in newspapers, and when needed filing petitions in courts. Along with two other army veterans, he moved top court for the appointment of a Special Investigating Team to probe into the alleged hate speeches made at Haridwar and Delhi a few months ago.
Service to the nation
Vombatkere, who has a PhD in structural dynamics from IIT-Madras, has used his knowledge, to oppose the commercial development of KRS Dam across River Kaveri and gave advice for the conservation and strengthening of the dam. He holds a Guinness Record for designing and executing the construction of the highest bridge in the world over Khardungla Pass in 1982, reports Deccan Herald.
During his long stint in the Indian Army, he fought during the 1965 war against Pakistan and went on the pen a gripping memoir “Fifty Years Ago…Air Attack!” documenting the conflict. He was the captain of a combat unit that made its way into Pakistan’s Sialkot sector and came under an air attack by the enemy’s F-86 aircraft, according to the report. He survived to tell the tale.
Vombatkere served in the army for 35 years and retired as additional director general in charge of disciple and vigilance at the army headquarters. However, he continues to fight for the nation.
With inputs from agencies
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