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

Sibal : We never came to the Court to ask stay of Section 124A. It only happened because the other side...

Justice Kant : There is a subsequent development..we are only exploring a viable solution during the interregnum.

Judges are having a discussion.

Justice Kant : It can’t be struck down today. Pls answer

Sibal: My submission is your lordships should prima facie stay it.

Justice Kant : According to you, who should be a fair and impartial authority to scrutinise registration of FIR?

Sibal : It should go to nobody. During the interregnum period, it should be stayed.

Justice Kant : According to them, the pre-registration FIR scrutiny should go to the Superintendent of Police. According to you, who should it go to?

Sibal : It should be struck down?

Justice Kant : Pls don't argue in air. Can we strike it down today?

Sibal : At the moment we’re not considering if Kedar Nath is good or bad law, but if due to sea change in law 124 A is constitutional or not, and if it isnt, it can be stayed.

SG : Apart from this, to pass any other order to stay the provisions upheld by a constitution bench may not be correct approach.

Sibal : This is wholly unacceptable to us.

SG : Also to be noted, no accused is before the Court. To entertain in a PIL may be a dangerous precedent.

SG : As far as pending cases, we don't know the gravit of each cases, may be there is a terror angle, or money laundering. Ultimately, the pending cases are before judicial forum, and we need to trust the courts.

SG : What your lordships can consider is, if there is a stage of bail application involving Section 124A IPC, the bail applications may be decided expeditiously.

SG : As far as pending cases, we don't know the gravit of each cases, may be there is a terror angle, or money laundering. Ultimately, the pending cases are before judicial forum, and we need to trust the courts.

SG : Once there is a congizable offence, either the Govt or the Court by an interim order, staying the effect may not be a correct approach. Therefore, we have said there has to be a responsible officer for scrutiny, and his satisfaction is subject to judicial review.