SC stays all pending proceedings of sedition cases until provisions are relooked at

The Supreme Court has asked the Centre and state governments to not register any fresh case, continue the investigation or take coercive action under Section 124A (sedition law) of the Indian Penal Code till a re-examination of the law is complete.
If any case is filed, the courts will deal with it in light of the SC decision taken Wednesday, the order read. The pending cases and appeals will be kept in abeyance. A bench headed by Chief Justice N.V. Ramana and comprising Justices Surya Kant and Hima Kohli said till the review of the sedition provision by the Centre is complete, the governments should not use the sedition provision.

Trials will go on under other charges, not sedition, the order read. The Centre had told the Supreme Court that it would not be right to interfere with judicial processes or stay a penal law.

This was in response to the Supreme Court, which had on Tuesday asked the Centre's view on protecting citizens' interests by putting at abeyance the lodging of sedition cases till re-examination of the colonial era penal law.

“We do not know the gravity (of the cases), they may have terror, money laundering angles,” Centre said.

Solicitor General Tushar Mehta, representing the Centre, suggested that FIRs be allowed under Section 124A only after pre-registration clearance by a police officer not less than the rank of SP.

It has suggested quick decisions on bail pleas by courts on pending cases.

The counsel for those seeking to have the law struck down, Kapil Sibal, opposed this suggestion to have supervision of fresh FIRs. He said this was done in Section 66A of the Information Technology Act too but did not prevent misuse of the law. Instead, Sibal has suggested that the court stay the law for the time being

The apex court on Tuesday had agreed that the re-look of the provision be left to the Centre which has filed an affidavit in this regard.

However, it had expressed concern over the continuous abuse of the provision and even suggested that guidelines may be issued to stop the abuse or a decision to keep the law at abeyance until the exercise of re-look of the law is completed.

The Ministry of Home Affairs in its affidavit said the Prime Minister of India has been cognizant of various views expressed on the subject and has also periodically, in various forums, expressed his clear and unequivocal views in favour of protection of civil liberties, respect for human rights and giving to the constitutionally cherished freedoms to the people of the country.

The home ministry added that the Prime Minister has repeatedly said that one of India's strengths is the diverse thought streams that beautifully flourish in the country. The ministry said the Prime Minister believes that at a time when the nation is marking Azadi Ka Amrit Mahotsav (75 years of Independence), as a nation it is essential to work harder to shed colonial baggage that passed its utility, which includes outdated colonial laws and practices.

"The Government of India, being fully cognizant of various views being expressed on the subject of sedition and also having considered the concerns of civil liberties and human rights, while committed to maintain and protect the sovereignty and integrity of this nation, has decided to re-examine and re-consider the provisions of Section 124A of the Indian Penal Code, which can only be done before the competent forum," said the affidavit.