Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

Sibal: Its contrary to concept of free india.

SG: Kedar nath was after independence.

Sibal. But we’re not longer subject to crown, infact govt us our subject

J Kant: A writ has that prayer, it has been listed today for first time. 

CJI: My brother had a doubt, that many of you have asked reconsideration of Kedar nath. When you yourself make prayer for reconsideration of 5 judge bench order…

Sibal: then it has to be referred. I’m not pressing that prayer. 

Sr Adv Gopal Shankaranarayanan - in Lily Thomas, 2-judge bench struck down 8(4) RPA despite a larger bench approving it.

SG: In Aadhar case, AG had relied on 7 judge bench judgment before bench of 3 judge. I’m reiterating my request of letting me have consultation

Bench: We’ll hear you, but first you’ve to cross hurdle.

Sibal: i will. Why kedar nath need not be gone into, I’ve a note on that

Sibal: Who makes precedents? You make precedents

Sibal: your lordships have said reason has to be given why a judgement doesn’t have to be followed. There’s been sea change in law pre cooper and post cooper, the colonial masters have gone, we’re masters of our own destiny. 

J Kant: 124 A for good or bad reasons, at one time it was upheld by this court 5 judge bench.

Bench: Acc to you Kedar Nath doesn’t lay down the correct law? Look at your prayers, you’ve asked Kedar nath needs reconsideration

Sibal: we won’t argue that. It has to be tested under article 14&21 it couldn’t be tested then.

AG: you’ve seen what’s happening in the country, yesterday someone was detained as they wanted Hanuman Chalisa to be recited, they’ve been released on bail. These things are to be considered, guidelines need to be laid- it’d include what’s permissible & no

Justice Surya Kant: You think we can proceed before the reference

Sr Adv Kapil Sibal: that judgment was in Gopalan era Then each fundamental right was separate, law prior to RC Cooper is diff from law after that.