SC stays proceedings in sedition cases, asks Centre, states to not file fresh FIRs

The Supreme Court on Wednesday stayed all proceedings in sedition cases and directed the Centre and states to not register any fresh FIR invoking sedition charges until the government re-examines the colonial-era penal law.

New Delhi: The Supreme Court bench led by the Chief Justice of India, NV Ramana, on Wednesday allowed the central government to re-examine the sedition law under section 124A and ordered to not register any cases till the re-examination is over. The bench also comprising Justice Surya Kant and Justice Hima Kohli passed the order on a batch of pleas filed by journalists and activists challenging the provisions of the sedition law.

The central government had told the court that it will re-examine the law and requested the court to not examine its legality till then. The court had sought the centre's response on how will it deal with people who are already booked under sedition and future cases under the law. Today Solicitor General, Tushar Mehta, appearing for the centre submitted that people who are already booked under the law can approach the courts for relief but the government can not prevent any future cognizable offence.

He suggested, citing the Vinod Dua judgement, that scrutiny at SP level officers can be done before registering cases which shall be under the judicial review. SG said that to pass any orders to stay the provision would not be right. The petitioners had argued against SG's submissions and insisted on examination by the court. After hearing the parties the judges had gone to their chambers for a brief discussion and came out to pronounce the order. The court noted that UOI agrees that 124A is not in accordance with the social milieu and said that no cases shall be registered under 124A till the re-examination is over.

For people already booked under the provisions, the court gave liberty to approach the court for bail. "We hope and expect Centre and state governments will refrain from registering any FIR, continuing investigation, or taking coercive steps under 124A IPC when it is under reconsideration," ordered the court. All the pending cases and appeals regarding 124A are to be kept in abeyance and adjudication with respect to other sections can proceed. It asked the centre to issue directives to the states regarding 124A and place it before the top court.

Read:SC seeks Centre's reply on protecting citizens from sedition cases till it re-examines law

Earlier on Tuesday, the apex court had sought the Centre's response on protecting citizens' interests by putting at abeyance the lodging of sedition cases till re-examination of the colonial era penal law. The apex court agreed that the re-look of the provision be left to the Centre which has filed an affidavit in this regard. It, however, expressed concern over the continuous abuse of the provision and even suggested that guidelines may be issued to stop the abuse or a decision to keep the law at abeyance till the exercise of re-look of the law is completed.

The top court, which was to decide whether a three or five-judge bench should hear the batch of pleas challenging the validity of the sedition law, took note of the fresh stand of the government that it wanted to "re-examine and reconsider" it. Quoting the Centre's recent affidavit, which referred to Prime Minister Narendra Modi's views on issues like the shedding of colonial baggage, protection of civil liberties, and respect of human rights, a bench headed by Chief Justice NV Ramana said, "What we feel is that the State has said they want to do something... We should not be unreasonable."

The PM believes that at a time when the country is marking 'Azadi ka Amrit Mahotsav' (75 years since independence), we need to, as a nation, work even harder to shed colonial baggage that has passed its utility which includes outdated laws, colonial laws, and practice, it said. Various offences which were causing "mindless hindrances" to people have been decriminalised, it added. Asserting that it was cognizant of various views and concerns about civil liberties, the Centre at the same time said it was committed to protecting the sovereignty and integrity of this great nation.

Read:Why can't states be asked to not register sedition cases till law is reconsidered? SC asks Centre

with Agency inputs