Hello, I understand your issue but whether or not the arrest would amount to infringement of freedom of speech and expression solely depends on subject matter of the slogans raised by Dheeraj, how they were interpreted and circumstances of the case.
However, Mere disagreeing with the government or speaking against the policies of the government would not amount to sedition.
But it has to be kept in mind, for any freedom provided in the constitution, there are reasonable restrictions for the same as well. Article 19(2) of the constitution provides certain restrictions for freedom of speech and expression. Constitution empowers the State to instill reasonable restrictions on the following grounds:
- Security of the State;
- Friendly Relation with Foreign States;
- Public Order;
- Decency and morality;
- Contempt of court;
- Defamation;
- Incitement to offence;
- Integrity and Sovereignty of India.
In the case of Romesh Thapar v. State of Madras, there was a ban on a Journal by the law in the State of Madras in the interest of public order. The court held that the restrictions imposed by the government were only on the grounds mentioned in Article 19(2).
In Maneka Gandhi v. Union of India, BHAGWATI J., has emphasized on the significance of the freedom of speech & expression in these words:
“Democracy is based essentially on free debate and open discussion, for that is the only corrective of government action in a democratic set up. If democracy means government of the people by the people, it is obvious that every citizen must be entitled to participate in the democratic process and in order to enable him to intelligently exercise his rights of making a choice, free & general discussion of public matters is absolutely essential.”
Aasif Sultan, a journalist with the monthly magazine Kashmir Narrator who wrote an article on the popular militant commander Burhan Wani, whose death set off a wave of anti-government demonstrations in Kashmir in July 2016, was arrested on August 31, 2018, on charges of providing logistical support to a banned militant organisation. He has been in jail ever since.
Other cases -
Union of India v. Association for Democratic Reforms
Khushboo v. Kannaiammal
Express Newspapers (Bombay) (P) Ltd. v. Union of India
