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Supreme Court asks Centre to clarify if sedition law can be suspended

The bench favoured issuing guidelines to states to protect rights of those already arrested under Section 124A
Last Updated 10 May 2022, 13:05 IST

The Supreme Court on Tuesday asked the Centre to clarify within 24 hours if the operation of the penal provision of sedition can be kept in abeyance till the process of review of the law is over.

The top court also sought to know about the fate of pending cases under the law as the government asked the court to defer the adjudication on its validity until it re-examined and re-considered the colonial era provision, carrying life imprisonment as the maximum sentence.

A bench of Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli told Solicitor General Tushar Mehta, representing the Centre, that it is essential to protect people from the misuse of the sedition law.

"We should not appear that we are unreasonable. Now, there are concerns. One is cases which are pending and the misuse. The Attorney General, the other day, said even for chanting Hanuman Chalisa sedition case was lodged. How are we going to protect these issues," the bench asked Mehta.

As the Solicitor General said filing of FIRs and investigation are done at state level and constitutional remedies are available in case of misuse, the bench said, "We can't ask everyone to go attend the courts and be in jail for months. When Government itself has shown concerns about misuse, how will you protect them?"

"I don't think in the history of this country, this court passed an order directing a penal provision not to be used," Mehta said. To this, the court said there are other penal provisions if something serious happened.

It also told Mehta to consider issuing directives to states, entrusted with the police power to maintain the law and order, to keep the operation of the sedition provision, Section 124A of the Indian Penal Code, in abeyance till the process by the Union government being undertaken to review of the provision is over.

The bench favoured issuing guidelines to states to protect rights of those already arrested under Section 124A.

Mehta sought time to take instructions and the court put the matter for further hearing on Wednesday.

During the hearing, senior advocate Kapil Sibal, appearing for the petitioners, objected to the Centre seeking deferment of hearing on validity of the existing law, saying the court should examine the issue, notwithstanding the government's latest decision.

Sibal said Mahatma Gandhi had termed this Section the most potent weapon to silence opposition to the government. Mehta, for his part, contended that it would be hazardous to suspend a penal provision. Sibal said till the government re-examines the law, no arrest should be made.

On Monday, responding to a batch of petitions filed by S G Vombatkere and others, the government said it has decided to re-examine and reconsider the colonial-era sedition law in the spirit of 'Azadi ka Amrit Mahotsav' (75 years of independence) and the prime minister's "unequivocal views" in favour of "protection of civil liberties".

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(Published 10 May 2022, 10:20 IST)

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