The Supreme Court has been apprised by the Central government about the advance stage in the progress to re-examine Section 124A of the Indian Penal Code (IPC), which criminalises sedition.
A bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala noted the submission made in this regard by Centre’s top law officer, Attorney General R Venkataramani.
The bench, therefore, posted the case for consideration in the second week of August after the monsoon session of the parliament.
The court in its order said that the Attorney General (AG) states that the government has initiated the process to re-examine 124A and consultations are at an advanced stage. In view of this statement and AG’s request, we keep this in second week of August.
The Supreme Court was hearing a batch of petitions challenging the validity of the law.
On May 11, 2022, the top court had ordered that the law be kept in abeyance and asked the Central government and States to refrain from registering any cases for the offence of sedition under Section 124A of the Indian Penal Code.
The Court has instructed that the government will tto continue investigation or take coercive steps in all pending proceedings under the provision till the government’s exercise is complete.
Pursuant to the apex court’s May 2022 order, many persons who were in jail as undertrial prisoners in seditions cases, had been granted bail by various courts.
During the hearing of the matter today before the apex court, Senior Advocate Arvind Datar, appearing on behalf of one of the petitioners, said that the Court has to examine whether this matter needs to be heard by a 7-judge bench since a 5-judge bench in Kedar Nath Singh v. State of Bihar had upheld the provision in 1962.
Senior Advocate Gopal Sankaranarayanan also supported that arguments saying that Article 19 has to be recast in a new form and that is why this case should go before seven judges.
AG Venkataramani then said that the government will consult him before the exercise is taken to the parliament.
“Before it goes to the parliament and it will be shown to me. Then why to take this up (now).
The Court then agreed to defer the hearing and posted the matter for August.