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

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5 May 2022 11:05 AM IST

    • 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 has taken up the petitions challenging Section 124A IPC.While issuing notice on the petitions in July 2021, the CJI had orally made critical remarks against the provision."Is it still necessary to retain this colonial law which the British used to suppress Gandhi, Tilak etc., even after 75 years...

    A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli has taken up the petitions challenging Section 124A IPC.

    While issuing notice on the petitions in July 2021, the CJI had orally made critical remarks against the provision.

    "Is it still necessary to retain this colonial law which the British used to suppress Gandhi, Tilak etc., even after 75 years of independence?", the CJI had asked the Attorney General for India.

    "If we go see history of charging of this section, the enormous power of this section can be compared to a carpenter being given a saw to make an item, uses it to cut the entire forest instead of a tree. That's the effect of this provision", the CJI said.

    In April 2021, another bench led by Justice UU Lalit had issued notice on a petition filed by two journalists challenging Section 124A IPC. A Petition filed by journalists Patricia Mukhim and Anuradha Bhasin on the same issue is also pending.

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    Live Updates

    2022-05-05 05:35:06
    • 5 May 2022 11:08 AM IST

      CJI: last time you said it has to be diluted or something

      AG: I said misuse has to be controlled

    • 5 May 2022 11:08 AM IST

      Justice Hima Kohli to SG: You were put to notice, filing of new petitions doesn’t matter! Its a legal issue. You’re confident you’ll be able to assist us as you always do. Why should we wait? Its not like we’re shutting anyone off.

      CJI: I expressed and AG conceded that it has to be… what was the word?

      AG: Misuse of article has been controlled. Question of reference to larger bench doesn’t arise acc to me. This particular section has to be retained & kedar nath has to be upheld 

    • 5 May 2022 11:07 AM IST

      CJI: what’s stand of the govt?

      SG: it will have to be debated between advisors and Government 

    • 5 May 2022 11:07 AM IST

      CJI: its examination of legal provision not much about counter. We can argue without counter i feel.

      SG: consider implications of this court deciding either way, it’s important for me to consult the competent authority about pros cons etc 

    • 5 May 2022 11:07 AM IST

      Bench: If some matter is filed and they want to be in news idk. But I don’t think there’s a problem in starting arguments 

    • 5 May 2022 11:06 AM IST

      SG: Please consider giving us time to file reply.

      CJI: We issued notice 9 months back. Other benches also issued notice

    • 5 May 2022 11:06 AM IST

      SG Tushar Mehta: I’m conscious your lordships directed us to file reply, we couldn’t as draft reply prepared by us is pending approval of competent authority. Last occasion 1-2 matters are there, now new matters have been served upon me. 

    • 5 May 2022 11:05 AM IST

      The Central Government has filed an application seeking one week’s time to file its reply

    Tags
    #Sedition#Supreme Court#Section 124 IPC
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