NEW DELHI: The Supreme Court on Wednesday said that it would be appropriate not to continue the use of the sedition law by the central and state governments till the re-examination of the provision (section 124-A of the Indian Penal Code, 1860) is completed by the Centre.
"We expect that, till the re-examination of the provision is complete, it will be appropriate not to continue the usage of the aforesaid provision of law by the governments," the order reads.
The Supreme Court on Wednesday directed that all pending trials, appeals and proceedings with respect to the charge framed under the sedition law (section 124A Indian Penal Code, 1860) be kept in abeyance till the re-examination of the provision is complete by the central government.
“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,” the interim order by a three-judge bench headed by Chief Justice NV Ramana reads.
The court added that it ‘hopes and expects’ that the state and central governments will refrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of IPC while the aforesaid provision of law is under consideration.
“If any fresh case is registered under Section 124A of IPC, the affected parties are at liberty to approach the concerned courts 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 court has said.
The top court has noted that the Union of India shall be at liberty to issue the directive as proposed and placed before us, to the state governments/Union territories to prevent any misuse of Section 124A of IPC.
The court has said that it is cognizant of the security interests and integrity of the state on one hand and civil liberties of citizens on the other.
“There is a requirement to balance both sets of considerations, which is a difficult exercise. The case of the petitioners is that this provision of law dates back to 1898, and pre-dates the Constitution itself, and is being misused,” it said.
The top court will hear the matters in the third week of July.
The interim order by the Supreme Court comes after the central government said that it has decided to reconsider and re-examine the provision (Section 124A of Indian Penal Code, 1860) dealing with the sedition law. The Union government had asked the top court to await the exercise of reconsideration of examining the validity of the law.
During the course of the hearing, Solicitor General of India Tushar Mehta appearing for the Union government informed the top court that a proposed draft has been prepared to be issued by the Centre keeping in mind that a cognizable offence cannot be prevented from being registered.
“We have a proposed draft. We cannot prevent police from registering a cognizable offence under the provision but an FIR under the sedition law would be registered only if the area SP or similar rank officer is satisfied by the facts of a case. With respect to pending cases, my concern is that we are dealing with a cognizable offence and we do not know the gravity of the offence. Cases are being heard by judicial forums. Staying a statutory provision that is upheld by a constitution bench would not be correct,” he said.
Senior advocate Kapil Sibal appearing for the petitioners argued that the proposal is not acceptable as it doesn’t solve the issue of the challenge to the constitutionality of the provision. He had added that people are being arrested because of this provision and this would not be right for them.
The top court was hearing the pleas by the Editors Guild of India, former army officer Major General SG Vombatkere and several others challenging the constitutionality of section 124A of the IPC.