Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates
A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli to continue hearing TODAY on the petition challenging the Constitutional validity of Section 124A of Indian Penal Code which deals with the law of Sedition in India.The bench will consider today the preliminary issue of whether a reference to a larger bench is required, as a 5-judge bench in...
A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli to continue hearing TODAY on the petition challenging the Constitutional validity of Section 124A of Indian Penal Code which deals with the law of Sedition in India.
The bench will consider today the preliminary issue of whether a reference to a larger bench is required, as a 5-judge bench in the Kedar Nath decision of 1962 had retained the section after reading it down.
The Centre informed the Supreme Court on Monday through an affidavit that it has chosen to reexamine and reconsider Section 124A of the Indian Penal Code which criminalises the offence of sedition.
The Centre submitted that there are divergent views expressed in the public domain by various jurists, academicians, intellectuals and citizens in general regarding this Section.
The Union has stated in the affidavit that in tune with the Prime Minister's notion that at a time when our nation is marking 75 years of independence, it intends to work towards shedding the 'colonial baggage' while justifying its decision.
In that spirit, the Centre submitted that it has scrapped over 1500 outdated laws since 2014-15. It has also ended over 25,000 compliance burdens which were causing unnecessary hurdles to the people of our country. Various offences which were causing mindless hindrances to people have been decriminalised, the affidavit said.
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Sibal : Mahatma Gandhi said there is a difference between government and the state.
Sibal quotes Mahatma Gandhi : Affection cannot be manufacture. One should be free to express disaffection, so long as there is no incitement to violence. I hold it to be a virtue to be disaffected to the Govt.
Sibal quotes Nehru "This provision is obnoxious. The sooner we get rid of it, better. It should have no place"..
SG : What Nehru could not do then, we are trying to do now.
Sibal : You are saying the law is good.
Sibal : He is reiterating Kedar Nath. Kedar Nath is based on Federal Court judgments, which are based on pre-constitution. Pre-constitution, there is no difference between Govt and State. After we became a Republic, there is a difference between Govt and State.
SG reading his written submissions to say that Kedar Nath has struck a balance to ensure that 124A is not misused.
Justice Kant : Mr.Mehta, Kedar Nath the provision was melted down. In 2021 also. But at ground level, who is operating? The local police is operating. Unless you issue a direction, that you are reconisdering the provision and no cases be registered..
Sibal : No arrest should take place under Section 124A till reconsideration is over.
Justice Surya Kant : If something serious happens, there are other penal laws to take care. It is not like that enforcement agencies are helpless.
Sibal : SG mentioned 124 A mentions sovereignty and integrity of india, I want to ask him where? It doesn’t mention it. That’s 19(2)
SG : I’ll take instructions and discuss if guidelines could be made. In the Vinod Dua case, this Court did not go into a prayer for guidelines saying it was a matter for the legislature.
Justice Hima Kohli : As brother Justice Kant said, why don't you instruct the States to not proceed with the matter till the issue is under reconsideration.