"I Was Very Upset About It": Law Minister Kiren Rijiju Criticises Supreme Court's Order Keeping In Abeyance The Sedition Law
Speaking at the India Today conclave in Mumbai, the Union Law Minister Kiren Rijiju on Friday said that he was 'upset' about the fact that the Supreme Court decided to 'strike down' the Sedition Law earlier this year despite the fact that Government had informed the Court that it was thinking to make changes to the Law.#SeditionLaw"We told the #SupremeCourt that the government is thinking...
Speaking at the India Today conclave in Mumbai, the Union Law Minister Kiren Rijiju on Friday said that he was 'upset' about the fact that the Supreme Court decided to 'strike down' the Sedition Law earlier this year despite the fact that Government had informed the Court that it was thinking to make changes to the Law.
"We told the #SupremeCourt that the government is thinking to change the law, despite that, it struck down the law, I was very upset about it."[NOTE: #SupremeCourt kept the law in abeyance earlier this year till the Union Government reconsiders the provision.]— Live Law (@LiveLawIndia) November 5, 2022
Law Minister was referring to Supreme Court May 11 order, when in a historical move, a bench comprising the then Chief Justice of India NV Ramana, Justice Surya Kant, and Justice Hima Kohli ordered that the 152-year-old sedition law under Section 124A of the Indian Penal Code should be effectively kept in abeyance till the Union Government reconsiders the provision.
It may be noted that the Sedition Law (contained under Section 124A of IPC), has not been struck down but has only been kept in abeyance while the Union Government reviews this 'colonial provision'.
Read more about the Supreme Court's order here: KEEP THE SEDITION LAW IN ABEYANCE: SUPREME COURT RULES IN A HISTORIC ORDER
Law Minister Rijiju further said that if the Government had been adamant about this subject, then the Judiciary could have come down on it heavily, however, when the Government had already said that it was reviewing the law, the Apex Court should not have ordered so, as it was "not a good thing".
He further added that there is a Lakshman Rekha for everyone and that should not be crossed in the interest of the nation. In this interview, he also opined that the Judiciary should not enter into the space of the executive as they are not supposed to do so as per the Constitution of India, which clearly lays demarcates the functioning areas of the 3 wings of the state.
"If the Judiciary starts deciding where the roads should be built if it gets into the service rules, what is the government for? During the COVID time, the Delhi High Court had directed the formation of a committee to run COVID affairs, then we asked our Solitiatar General to tell the court that it is none of their (the Court's) business. You can't do that. The govt is in the best position to deal with such challenges...Do I ever get involved with the Judiciary's work? I Don't. I assist the Judiciary to make it a robust institution."
"If we are adamant for any subject, then the #Judiciary can come down heavily but if we have already said that we are reviewing the law, despite this, the Court kept it in abeyance, then it is not a good thing." : Union Law Minister @KirenRijiju#SeditionLaw #124AIPC
— Live Law (@LiveLawIndia) November 5, 2022
It may be noted that the Sedition Law was put on hold by the Supreme Court Court after taking into account the Union Government's stand that the colonial provision requires "re-consideration and re-examination".
The Court had noted that even the Government had agreed with the prima facie view expressed by the Court that the "rigours of 124A IPC isn't in tune with current social milieu and was intended for when the country was under colonial regime". Therefore, the Court ordered that the Union of India may reconsider the provision.
"The court is cognisant of the duty of the State on one hand and citizens' civil liberties on the otherabeyance . There is a requirement of balance of consideration. The case of petitioner is that this provision of law dated back 1898 and is being misused. The Attorney General had also given instances of glaring misuse like cases registered for recital of hanuman chalisa", the CJI said while dictating the order.
"Therefore, we expect that, till the re-examination of the provision is complete, it will be appropriate not to continue the usage of the aforesaid provision of law by the Governments", the Court's order had stated.