New Delhi The Supreme Court on Wednesday stayed the sedition law in a landmark order, saying it is “not in line with the current social environment”, and asked the Center and states to arrest or arrest anyone below the age of 152 years. Don’t sue Penal provisions unless the central government reviews it.
A bench headed by Chief Justice of India (CJI) NV Ramana stressed that “it would be appropriate for governments not to continue to use the provision of the law” when the Center itself has expressed its desire to “reconsider and re-examine”. The outline and validity of colonial-era section 124A of the Indian Penal Code—a non-bailable offense punishable by imprisonment for a term ranging from three years to life, and an offense that activists and jurists allege is intended to suppress dissent is often misused.
“It is clear that the Union of India agrees with the prima facie opinion expressed by this Court that the rigor of section 124A of the IPC is not in consonance with the present social environment, and was intended for the time when the country was under colonization. Rule. In the light of the same, the Union of India may reconsider the aforesaid provision of law,” the bench said in its 10-page order, also comprising Justices Surya Kant and Hema Kohli.
Putting a protective device on until the Union government takes a decision on the law, the top court said that no fresh First Information Report (FIR) should be filed by the police across the country under Section 124A, and all courts Proceedings should be registered under this. The law should be suspended.
“We expect and expect that the State and Central Governments shall refrain from registering any FIR, continuing any investigation, or taking any coercive measure by invoking Section 124A of the IPC, while the above provision of law is under consideration. … all pending trial, appeal and proceedings in respect of the charge framed under Section 124A of the IPC be kept on adjournment,” the bench directed as it posted the matter for hearing in the third week of July.
It further clarified that if a fresh case is registered under the section notwithstanding the order of the court, the affected parties should approach the courts concerned, which should pass appropriate orders,” taking note of the present order (by the Supreme Court). Keeping in view and at the same time a clear stand taken by the Union of India.”
In respect of cases where a charge of sedition has been made against the accused along with a set of other penal provisions, the bench left it to the discretion of the trial courts and the High Courts to decide whether such cases were in relation to other charges. may proceed, without any reason prejudice to the rights of the accused.
The bench said that it is conscious of the security interests and integrity of the state on the one hand and civil liberties of citizens on the other. Rejecting the Centre’s plea not to stay the law, the court said, “There is a need to balance both the views, which is a difficult exercise.”
“In addition to the above, the Union of India shall be at liberty to issue directions proposed and placed before us to the State Governments/Union Territories to prevent any misuse of Section 124A of the IPC,” the apex court added in its statement. count.
The note referred to by the bench during the hearing was handed over by Solicitor General Tushar Mehta on Wednesday. The note contained certain directions, which Mehta said could be issued by the Center to states and union territories to investigate misuse of Section 124A.
The petitioners were represented by senior advocates Kapil Sibal and Gopal Sankaranarayanan.