Mohit S. Shah, J.

Arrest of one Assem Trivedi on 8 September 2012 on the basis of registration of First Information Report ('FIR') on 30 January 2012 alleging, inter alia, commission of offence of sedition punishable under Section 124A of the Indian Penal Code, 1860, led to filing of the present Public Interest Litigation which is now registered as Criminal PIL. The allegation in the FIR is to the effect that Assem Trivedi, who is a political cartoonist and social activist, through his cartoons, not only defamed Parliament, the Constitution of India and the Ashok Emblem but also tried to spread hatred and disrespect against the Government and published the said cartoons on 'India Against Corruption" website, which not only amounts to insult under the National Emblems Act but also amounts to serious act of sedition. After the arrest of Assem Trivedi on 9 September 2012, he was produced before the learned Metropolitan Magistrate. The petitioner alleged that Assem Trivedi refused to make an application for bail till the charges of sedition were dropped. Contending that publication and/or posting such political cartoons on website can by no stretch of imagination attract a ser