SC puts hold on sedition law till Centre re-examines provisions

The bench said those already arrested under the law may approach the competent court for bail

In a significant decision, the Supreme Court on Wednesday ordered to keep the colonial-era sedition law in abeyance till the time the Centre re-examined the provision, following concerns expressed over its misuse to jail the critics of the ruling dispensation.

A bench of Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli passed the interim order on a batch of petitions, challenging validity of the penal provision, which carried life term as the maximum penalty, for having a chilling effect on fundamental right to freedom of speech and expression.

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"This court is cognisant of security interests and integrity of the State on one hand, and the civil liberties of citizens on the other. There is a requirement to balance both sets of considerations, which is a difficult exercise," the bench said.

However, taking on record an affidavit filed by the Union government on May 9, the bench noted the Centre decided to reconsider the provision of law.

It also pointed out that the Union government agreed with the prima facie opinion expressed by this court earlier that the rigors of Section 124A of IPC is not in tune with the current social milieu, and was intended for a time when this country was under the colonial regime.

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"Therefore, we expect that, till the re-examination of the provision is complete, it will be appropriate not to continue the usage of the provision of law by the governments," the bench said.

The court said the state and central governments would restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of IPC while the provision of law is under consideration.

In case of registration of any fresh case under Section 124A of IPC, the bench said the affected parties may approach the concerned courts for appropriate relief. The courts concerned would examine the matter, taking into account the present order as well as the clear stand taken by the Union government, it added.

The court also ordered for keeping in abeyance all pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC. It also allowed the Union government to issue directive to States and Union Territories against misuse of the law.