The Supreme Court questioned the Central government if it can direct the States to keep all pending cases pertaining to sedition in abeyance till the review of Section 124A of IPC is discussed by the Central Government.
Bench comprising of Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli have asked the Solicitor General Tushar Mehta to give some clarification in this matter by Wednesday.
The Supreme Court was apprised by the Central Government on Monday that it wants to re-examine and reconsider 124A of Indian Penal Court which criminalises the offence of Sedition.
The Government is celebrating Azadi ka Amrit Mahotsav, under which they want to scrap the colonial acts.
“We have perused the affidavit by the respondent (Central government). Meanwhile to protect the interest of the people already booked under 124A as well as the future of this provision, SG will take instructions whether cases can be kept in abeyance till further time till reconsideration is over,” the Court said in its order.
The matter is up for hearing tomorrow.
The validity of the Sedition Law by a three judge bench was in discussion within Supreme Court, when the SGI Tushar Mehta sought deferment of hearing citing the fact the Central Government is re-examining the provision.
When the matter was taken up for hearing, Solicitor General Tushar Mehta sought deferment of hearing citing the fact the Central government is reexamining the provision.
Kapil Sibal opposed the delay in taking decision on this case sating the fact that the validity can still be debated irrespective of whether the government is examining the provision or not.
“This court cannot wait for another jurisdiction. It is for the judiciary to consider constitutional or not,” he said.
NV Ramana, questioned the representative of Government Tushar Mehta to make the court aware of the time frame needed for this entire discussion as the court cannot keep this going on and on.
The Solicitor General Tushar Mehta “I won’t able to give a date till I stalk with the authorities”
The bench spoke about the misuse abuse of the provisions of act which will increase till the time a decision is taken.
Talking about the misues, the CJI reminded that“Now Mr Mehta there are concerns that this is being misused. AG himself had said chanting hanuman chalisa is leading to such cases,”
Tushar Mehta defending the case said “These filing of FIRs etc is by State government. The first limb of 124A is to protect sovereignty and integrity of the nation.
Tomorrow someone can say this part of India is not a part anymore. When there is misuse there are constitutional remedies”
The bench then asked if the centre can please issue directions to states for keep all sedition matters in suspension mode till the review of the same is undergoing
Justice Kant, who is part of the bench asked “You complete this task in three months or four months, but till such period, why don’t you direct the states that matters under 124A be kept in abeyance till the Centre finishes the process of reconsideration”
The Solicitor General replied saying that “It would be hazardous to say that in future do not apply this penal provision. I don’t think in the history of the country that a penal law has not been permitted to be used”.
Justice Hima Kohli asked “Why as Central government, you don’t indicate the states that since you are applying your mind to it, not to take action under sedition law,” remarked Justice Kohli.
Justice Kant said to SG that there are other penal provisions so scrapping it will not make agencies helpless and it should be thought well. “
Tushar Mehta maintained that Government need its time and cited the “Vinod Dua judgment, guidelines which were laid down to show how Section 124A can be meaningfully used.
The bench has now asked Solicitor General to speak with Central government and respond by tomorrow eventually asked SG to take instructions on this aspect and respond tomorrow.