New Delhi. The Supreme Court on Tuesday asked the Center to consider issuing a direction to the state governments to suspend the operation of the sedition provision of Section 124A of the Indian Penal Code till the process of review of the provision is over. To be kept The top court gave 24 hours to the Center to inform about its decision in the matter.
Justices Surya Kant and Hema Kohli as well as Chief Justice N. A bench headed by V. Ramana told Solicitor General Tushar Mehta, representing the Centre, that the cases are pending and cited the arguments of the Attorney General on the misuse of the sedition law on the text of ‘Hanuman Chalisa’.
The bench said that till the government completes the process of re-investigation of the sedition law, can it issue directions to the state governments to keep the operation of the law on hold. The top court emphasized that it is necessary to protect people from the misuse of the sedition law.
The Center had earlier told the Supreme Court that it has decided to re-examine and reconsider the provisions of the sedition or sedition law. The government had defended the country’s colonial-era sedition law and asked the Supreme Court to dismiss petitions challenging it.
In the fresh affidavit filed in the Supreme Court, the Center said, “In the spirit of Azadi Ka Amrit Mahotsav (75 years of Independence) and in the vision of Prime Minister Narendra Modi, the Government of India has decided to re-examine and reconsider the provisions of Section 124A, Sedition Act.” Has decided.”
The government also urged the Supreme Court to wait for a review before deciding the matter on the basis of petitions filed by the Editors Guild of India and others.
The CJI said there are two concerns – what about pending cases (where people are charged under this law)? Second, the implementation of section 124A in future. The bench asked Mehta to take directions in the matter and posted the matter for next hearing on Wednesday. The bench asked the Center to consider issuing guidelines to the states to protect the rights of those arrested under Section 124A.
During the hearing, senior advocate Kapil Sibal, representing one of the petitioners, said that Mahatma Gandhi had described this section as the most powerful weapon to quell the government’s opposition. Mehta argued that suspending the penal provision would be dangerous. Sibal argued that unless the government re-examines the law, no one should be arrested. Justice Kant asked Mehta whether the government can ask the states, as it is re-examining the law, to not use Section 124A. Mehta said that he will have to give instructions in this matter.
The top court was hearing arguments on whether a reference to a larger bench was required, as in Kedar Nath Singh’s judgment (1962), a five-judge bench had upheld the clause after reading it.
The apex court Major General S. Yes. Wombatkere (retd) and the Editors Guild of India and others, challenging the constitutional validity of Section 124A, which carries a maximum sentence of life imprisonment.
—AnyTV News
read this also – Click to read the news of your state / city before the newspaper