The Central Government informed the Supreme Court on Monday that the process of re-examining Section 124A of the Indian Penal Code (IPC), which criminalizes sedition, is at an advanced stage.
A bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala noted the submission made in this regard by Centre’s top law officer, Attorney General R Venkataramani and adjourned the case for August, following the parliament’s monsoon session.
“Attorney General (AG) states that the government has initiated the process to re-examine 124A and consultations are at an advanced stage. In view of this statement and AG’s request, we keep this in second week of August,” the order reads.
The Top Court was hearing a bunch of petitions challenging the law’s constitutionality.
On May 11, 2022, the Supreme Court ordered that the law be suspended and asked the Central Government and States not to file any cases for sedition under Section 124A of the Indian Penal Code.
The bench also directed governments not to conduct further investigations or take coercive action in any pending proceedings under the provision until the government’s exercise was completed.
According to the Supreme Court’s May 2022 order, many people who were imprisoned as undertrial prisoners in sedition cases were granted bail by various courts.
During today’s hearing before the Supreme Court, Senior Advocate Arvind Datar, appearing on behalf of one of the petitioners, stated that the Court must consider whether this matter needs to be heard by a 7-judge bench because a 5-judge bench upheld the provision in Kedar Nath Singh v. State of Bihar in 1962.
Senior Advocate Gopal Sankaranarayanan agreed with him.
“Article 19 has to be recast in a new form and that is why this case should go before seven judges,” he stated.
AG Venkataramani then said that the government will consult him before the exercise is taken to the parliament.
The bench then agreed to defer the hearing and posted the matter for August, 2023.
