In a massive development, a three-judge Supreme Court bench led by Chief Justice of India N V Ramana today stayed all proceedings in the sedition case and directed the police and administration against its use until the Centre re-examines the provisions of the law.
Here are the key highlights from today’s court order:
On the relevance of the colonial-era law, CJI Ramana said: “It is clear that Centre agrees that rigours of section 124a are not in tune with the current situation and it was intended for the time when the country was under colonial law. Thus, the Centre may reconsider it…The court is to balance civil liberty and sovereignty of the state. This is a difficult exercise.”
On the top court’s directive to the central and state governments, the CJI said: “The Union of India is at liberty to pass directives to states to prevent misuse of the law.” He further added that, “It will be appropriate not to use this provision of law till further reexamination is over. We hope and expect that Centre and State will desist from registering any FIR under 124a or initiate a proceeding under the same till reexamination is over.”
“The Union of India will reconsider the law. The petitioners say the law is being misused. The Attorney General had also mentioned the sedition charge filed in the Hanuman Chalisa case.”
On the future course of action for any person or persons against whom a sedition law is slapped in the interim, the CJI said: “If any fresh cases are filed, concerned parties may approach court and court to expeditiously dispose of the same.”
With regard to pending sedition cases, the Centre suggested that hearing on bail pleas in such matters may be expedited as the government did not know the gravity of offence in each case and they may have terror or money laundering angles.
“There are over 800 cases of sedition filed across India. 13,000 people are in jail,” senior lawyer Kapil Sibal, appearing for the petitioners, argued calling for the sedition law to be scrapped.
On Tuesday, the bench had asked the Centre make its stand clear within 24 hours on keeping the pending sedition cases in abeyance to protect the interests of citizens already booked and not registering fresh cases till the government’s re-examination of the colonial-era penal law is over.
