NEW DELHI: The Supreme Court is expected to hear a number of petitions challenging the colonial-era penal legislation on Wednesday, nearly seven months after it was put on hold. At that time, the Central government is likely to apprise it of the developments, if any, made while re-examining the provision.
The top court issued a ground-breaking ruling on May 11 of last year, ordering the Center and states to refrain from filing any new FIRs citing the crime of sedition until a "proper" government forum had the opportunity to review it.
Twelve petitions, including the one brought by the Editors Guild of India against the bill, have been scheduled for hearing by a bench made up of Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha.
The Indian Penal Code's Section 124A, which stipulates a maximum prison sentence of life for inciting "disaffection towards the government," was introduced in 1890, 57 years before India's independence and nearly 30 years after the IPC was first created. The clause was applied against pre-Independence independence activists like Bal Gangadhar Tilak and Mahatma Gandhi.
In addition to prohibiting the filing of new FIRs, the bench presided over by the former CJI N.V. Ramana ordered that all investigations, trials, and other proceedings related to the sedition statute be suspended.
The bench has allowed reconsideration of the clause after declaring that the "rigours of Section 124A (sedition) of the IPC is not in line with the prevailing societal context."
"We EXPECT that it will be prudent not to continue the use of the aforementioned legal provision by the Governments until the re-examination of the provision is complete," it had stated. Any impacted party is free to approach the relevant courts, which are asked to review the proposed relief while taking into account the current judgement, the highest court had stated.
"In view of the aforementioned, it is obvious that the Union of India agrees with the prima facie opinion expressed by this Court," the bench had stated after taking note of the Center's position. The Union of India may review the aforementioned legal provision in light of this.
"All pending trials, appeals, and other actions involving the charge brought forth under Section 124A of the IPC be suspended. If the Courts believe there would be no detriment to the accused, adjudication with regard to other Sections, if any, could move forward, it said.
The aggrieved parties are free to approach the courts for the proper remedies if a new action is filed, and the courts are urged to consider the relief requests in light of the current order as well as the Centre's unequivocal stance.
The bench had rejected the Centre's plea that an officer with the rank of superintendent be tasked with keeping an eye on the filing of FIRs for the alleged crime of sedition.
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