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

Sibal: yes. But it’s been delayed a lot

Shankaranaaraayan. In Puttaswamy also next day a 9 bench was constituted next day and heard

Bench to AG: even to consider your contention that 124A is not a bad law 

Bench: we’re assuming, we have thought processing going on. Assuming CJI decided to constitute larger bench, we need not go into this question. Then we can take the merits directly

Justice Kant: Then we’ll have to decide, Post kedar nath, does this provision sustain or is liable to be struck down. Straightway we’ll start on merits then. 

Sibal: RC cooper, maneka gandhi, puttaswamy etc is not necessary, you don’t have to go to 19(1) a, you have laid down specific tests

Sibal: De hors that this law is per se unconstitutional. Right to protest is fundamental right

Bench; We don’t want to examine legality of 124A we will hear you on that. We need to see what bench composition we need to see in.

Bench: subsequent development may lead into turning 124 bad, it doesn’t cast duty on 3 judge bench as part of judicial propriety to ignore 5 judge bench and decide. You’ve to confine to later aspect

Sibal; if I’m unable to pursue you can strike down without going to kedar nath as a change in law, you can then refer it the prayer is there. 

Bench: how many of you are seeking referral?

Many, but in the alternative

J Kant: in every petition there’s prayer to reconsider Kedar Nath

Sibal: You should have done that by now, you’ve had this petition for more than 6 month.

Sibal: if your lordships doesn’t agree with my submissions you may refer it later

SG: we can file our replies by tomorrow and you can have it on Monday. No prejudice will be caused to anyone

CJI: We’ll give time to you to file counter. But we’ll hear Sibal on reference issue

SG: Subject to my nature of discussion, it wouldn’t be subject to petition, it will have no bearing on what they argue. Subject to what happens after discussion, i may urge whats being urged that it may not be possible. Them giving up prayer may not be ground