SC stays invocation of sedition charges till provisions examined thoroughly
The apex court has been hearing petitions challenging the validity of the law on sedition which has been under public scrutiny for alleged misuse by various governments.
- May 11, 2022,
- Updated May 11, 2022 12:19 PM IST
The Supreme Court (SC) has stayed the invocation of sedition charges until provisions of the law are examined thoroughly. The apex court has been hearing petitions challenging the validity of the law on sedition which has been under public scrutiny for alleged misuse by various governments. The bench led by Chief Justice NV Ramanna said, “We expect that till re-examination of this law is complete it will not be used.”
It added that those who have already been booked under Section 124A of the Indian Penal Code (IPC) and are in detention can approach competent courts for relief and bail and that all ongoing proceedings will be kept in abeyance till further notice.
The top court order also said, “Court is to balance civil liberty and sovereignty of state. This is a difficult exercise. Petitioner says this law dates back to colonial date.” Attorney General KK Venugopal also cited how Section 124A was misused in the Hanuman Chalisa issue.
The order by the Supreme Court also underscored, “Centre shall be at liberty to issue directives proposed and placed before the court which can be issued to states to prevent misuse of 124A. Directions to continue till further orders.”
Responding to senior advocate Kapil Sibal, who sought court’s directions on pending cases under Section 124A, Solicitor General Tushar Mehta told the top court that the Centre has prepared a draft for the reconsideration of the law. As per SG Mehta, this draft states that an FIR will be registered with sedition charges only if a police officer of the rank of SP says there is a valid reason.
He argued, “Where there is a cognizable offence, the Constitutional court staying the [probe] order is not appropriate. Let scrutiny be done by a responsible senior officer under judicial authority.” Mehta also underscored that staying the provision will not be appropriate. He explained, “The cases are pending with the judicial officer and not the police. What this court can consider doing is that when a bail application is filed, the court can expedite the process.”
He furthermore noted, “This is a cognizable offence. We don’t know the gravity of each pending offence. There could be terrorism, money laundering or any other offence.” Mehta also mentioned that the SC issuing an interim order on a cognizable offence at the behest of third parties in a PIL will set a bad precedent.
(With inputs from Aneesha Mathur)
Also read: Govt will take into account views of stakeholders while re-examining sedition law, says Rijiju
Also read: Sedition law: SC seeks Centre’s reply on protecting citizens till re-examination
The Supreme Court (SC) has stayed the invocation of sedition charges until provisions of the law are examined thoroughly. The apex court has been hearing petitions challenging the validity of the law on sedition which has been under public scrutiny for alleged misuse by various governments. The bench led by Chief Justice NV Ramanna said, “We expect that till re-examination of this law is complete it will not be used.”
It added that those who have already been booked under Section 124A of the Indian Penal Code (IPC) and are in detention can approach competent courts for relief and bail and that all ongoing proceedings will be kept in abeyance till further notice.
The top court order also said, “Court is to balance civil liberty and sovereignty of state. This is a difficult exercise. Petitioner says this law dates back to colonial date.” Attorney General KK Venugopal also cited how Section 124A was misused in the Hanuman Chalisa issue.
The order by the Supreme Court also underscored, “Centre shall be at liberty to issue directives proposed and placed before the court which can be issued to states to prevent misuse of 124A. Directions to continue till further orders.”
Responding to senior advocate Kapil Sibal, who sought court’s directions on pending cases under Section 124A, Solicitor General Tushar Mehta told the top court that the Centre has prepared a draft for the reconsideration of the law. As per SG Mehta, this draft states that an FIR will be registered with sedition charges only if a police officer of the rank of SP says there is a valid reason.
He argued, “Where there is a cognizable offence, the Constitutional court staying the [probe] order is not appropriate. Let scrutiny be done by a responsible senior officer under judicial authority.” Mehta also underscored that staying the provision will not be appropriate. He explained, “The cases are pending with the judicial officer and not the police. What this court can consider doing is that when a bail application is filed, the court can expedite the process.”
He furthermore noted, “This is a cognizable offence. We don’t know the gravity of each pending offence. There could be terrorism, money laundering or any other offence.” Mehta also mentioned that the SC issuing an interim order on a cognizable offence at the behest of third parties in a PIL will set a bad precedent.
(With inputs from Aneesha Mathur)
Also read: Govt will take into account views of stakeholders while re-examining sedition law, says Rijiju
Also read: Sedition law: SC seeks Centre’s reply on protecting citizens till re-examination