I n a historic development, the Supreme Court on Wednesday ordered that Section 124A of the Indian Penal Code which criminalises the offence of sedition be kept in abeyance till the government’s exercise of reviewing the law is complete. A bench of Chief Justice of India NV Ramana, Justices Surya Kant and Hima Kohli also asked the Central government and States not to register any cases under Section 124A. It added that if such cases are registered in future, the parties are at liberty to approach the court and the court has to expeditiously dispose of the same, the bench added. The apex court also said that those already booked under Section 124A IPC and are in jail can approach the concerned courts for bail. “It would be appropriate to put the provision on abeyance,” the bench ordered. Allowing the Central government to re-examine and reconsider the provisions of Section 124A, the apex court said that it will be appropriate not to use the provision of law till further re-examination is over. The bench now posted the hearing of a batch of pleas challenging the constitutional validity of the sedition law, in July. In its order, the bench stated, “The court is cognizant of the duty of the State on one hand and citizens’ civil liberties on the other. There is a requirement of the balance of consideration. The case of the petitioner is that this provision of law dated back to 1870 and is being misused. The Attorney General had also given instances of glaring misuse like cases registered for a recital of Hanuman Chalisa.” “It is clear that the Central government agrees that rigours of Section 124A is not in tune with the current situation and it was intended for the time when the country was under colonial law. Thus, Centre may reconsider it… it will be appropriate not to use this provision of law till further re-examination is over. We hope Centre and States will desist from registering any FIR under 124A or initiate a proceeding under the same till re-examination is over,” it added.
