Supreme Court puts sedition law on hold

Tribune News Service

Satya Prakash

New Delhi, May 11

In a historic order, the Supreme Court on Wednesday put on hold the sedition law as it asked the Centre and states not to register any cases under Section 124A of the Indian Penal Code, pending a review of the colonial law.

“We hope and expect that the state and Central governments will restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of the IPC while the aforesaid provision of law is under consideration,” a three-judge Bench led by CJI NV Ramana said.

“If any fresh case is registered under Section 124A of the IPC, the affected parties are at liberty to approach the courts concerned for appropriate relief. The courts are requested to examine the reliefs sought, taking into account the present order passed as well as the clear stand taken by the Union of India,” the Bench, which also included Justice Surya Kant and Justice Hima Kohli, noted.

“All pending trials, appeals and proceedings with respect to the charge framed under Section 124A of the IPC be kept in abeyance. Adjudication with respect to other Sections, if any, could proceed if the courts are of the opinion that no prejudice would be caused to the accused,” it said.

The top court said the Centre was at liberty to issue directives in this regard to state governments/union territories to prevent any misuse of Section 124A of the IPC. Noting that these directions would continue till further orders, the Bench posted the matter for further hearing in the third week of July.

During the hearing, the Centre opposed the suggestion to stay the operation of sedition law. Solicitor General Tushar Mehta suggested that future FIRs under Section 124A could be filed after scrutiny by the Superintendent of Police and in pending cases courts could be directed to expeditiously consider bail.

On behalf of the petitioners, senior advocate Kapil Sibal opposed Mehta’s argument, terming it “wholly unacceptable”.

The Bench had on Tuesday asked the Centre to clarify if all sedition cases could be kept in abeyance till the review of Section 124A was over.

“It is clear that the Union of India agrees with the prima facie opinion expressed by this court that the rigors of Section 124A is not in tune with the current social milieu, and was intended for a time when this country was under the colonial regime. In light of the same, the Union of India may reconsider the aforesaid provision of law,” it said, allowing the Centre to go ahead with reviewing the sedition law.

The Editors Guild of India, Major General SG Vombatkere (retd), former Union Minister Arun Shourie and journalists Kishorechandra Wangkhemcha from Manipur and Kanhaiya Lal Shukla from Chhattisgarh have challenged the validity of the sedition law.

‘Keep pending trials in abeyance’

• All pending trials, appeals and proceedings under Sec 124A should be kept in abeyance, the SC said
• Centre is at liberty to issue directives in this regard to states to prevent misuse of Sec 124A

Centre opposes stay on sedition law

• Opposing the stay on the operation of sedition law, SG Tushar Mehta suggested that future FIRs could be filed after scrutiny by SP
• In pending cases, courts could be directed to expeditiously consider bail, he said.
• Further hearing in the third week of July

Kiren Rijiju flags Lakshman Rekha

We have a clear demarcation... that ‘Lakshman Rekha’ should not be crossed. — Kiren Rijiju

Truth important

Speaking truth is true patriotism. Heeding truth is duty of the ruling class, muzzling it is arrogance. — Rahul Gandhi

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