Supreme
Court's Historic Order -- Sedition Law To Be Paused Until Review [11.5.2022]
New Delhi: 11.5.2022: Wednesday
: The controversial sedition law will be paused while the government reviews
it, the Supreme Court said today in a landmark order that impacts hundreds
charged under the colonial-era relic. Those jailed for sedition can approach
courts for bail.
The court said that if a fresh
case of sedition is filed, the accused persons can approach courts ‘for
appropriate relief’.
In a landmark development, the
Supreme Court on Wednesday put the colonial-era sedition law in abeyance and
requested state governments and the Centre to not file any new cases under the
rule till it is re-examined.
“We hope and trust that the
state and central governments will refrain from registering any FIRs [first
information reports], continuing any investigation or taking any coercive
measures by invoking Section 124A Indian Penal Code while the aforesaid
provision of law is under consideration,” the court said.
A bench of Chief Justice of
India NV Ramana and Justices Surya Kant and Hima Kohli said that if a fresh
case of sedition is filed, the accused persons can approach courts “for
appropriate relief”.
On Monday, the Centre had told
the court that it will re-examine the sedition law and urged the judges not to
take up the matter till it does so. On Tuesday, the court had asked the Centre
whether it can issue a direction to the state governments to stop them from
filing cases under the sedition law till the re-examination is complete.
Taking note of the Centre’s
position to re-examine the law, the judges on Wednesday said that it was clear
that the government “agrees with the prima facie opinion expressed by this
court that the rigours of Section 124A of IPC [Indian Penal Code] are not in
tune with the current social mileu, and was intended for time when this country
was under the colonial regime”.
The court also took note of a
statement by Attorney General KK Venugopal referring to instances of “glaring
misuse” of the provision, such as a sedition case against Amravati MP Navneet
Rana and her husband, MLA Ravi Rana.