SC asks Centre to file reply on plea against sedition provision

The Supreme Court on Wednesday granted the Union government time to file its reply to a clutch of petitions seeking directions to strike down the sedition law, carrying life imprisonment as the maximum punishment.

A bench presided over by Chief Justice N V Ramana asked Solicitor General Tushar Mehta to file the response on behalf of the Centre by the end of the week.

The court fixed the matter for hearing on May 5, while clarifying no adjournment would be granted in the matter, pending for more than a year. The matter was last heard in July 2021.

Mehta, for his part, said the reply on the petitions is almost ready. He sought two days to finalise it.

Attorney General K K Venugopal also appeared, since the court had issued notice to him. The AG said he will assist the court in the matter.

A batch of petitions including by Mysuru-based Major General (retired) S G Vombatkere, the Editors Guild of India came up for hearing before the bench.

On July 15, 2021, the top court on had expressed serious concern over the misuse of the sedition provision, wondering if the law was needed after about 75 years of independence.

Notably, the top court had in the Kedar Nath Singh case (1962) clarified that only those acts, which involved incitement to violence or violence, constituted a seditious act under Section 124 A of the Indian Penal Code.

The petitioners contended 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 the speech.