Top court hits pause button on colonial-era sedition law
NEW DELHI: Asserting that the sedition law in India “is not in tune with the current social milieu”, the Supreme Court in a historic decision on Wednesday effectively put on hold the 152year-old colonial-era penal provision, and asked the Centre and states to desist from arresting people or prosecuting them under the contentious provision until the Union government reviews it.
A bench, headed by Chief Justice of India (CJI) NV Ramana, emphasised that “it will be appropriate not to continue the usage of the provision of law by the governments” when the Centre itself has conveyed a desire to “reconsider and re-examine” the contours and validity of Section 124A in the Indian Penal Code — a nonbailable offence punishable with jail term ranging from three years to life, and one that activists and jurists have alleged is often misused to muzzle dissent.
The Union government said on Monday it has decided to re-examine and reconsider the provisions of the sedition law. On Wednesday, the government suggested tightening the requirements for filing a case under the law, but the court went a step further.
“It is clear that the Union of India agrees with the prima facie opinion expressed by this court that the rigors of Section 124A of IPC is not in tune with the current social milieu, and was intended for a time when this country was under the colonial regime. In light of the same, the Union of India may reconsider the aforesaid provision of law,” said the bench, which also comprised justices Surya Kant and Hima Kohli, in its 10-page order.
Putting in place a protective apparatus till the time the central government takes a call on the fate of the sedition law, the Supreme Court held that no new first information report (FIR) should be lodged by the police across the country under Section 124A while all court proceedings under the law should also be suspended.
“We hope and expect that the state and central governments will restrain from registering any FIR, continuing any investigation, or taking any coercive measures by invoking Section 124A of IPC while the aforesaid provision of law is under consideration... All pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC be kept in abeyance,” directed the bench, fixing the matter for hearing next in the third week of July.
It clarified that if any fresh case is registered under Section 124A despite the court’s imprimatur, affected parties should approach the concerned courts, which should pass suitable orders, “taking into account the present order passed (by the Supreme Court) as well as the clear stand taken by the Union of India.”
About cases where the sedition charge has been invoked against the accused along with a set of other penal provisions, the bench left it to the wisdom of trial courts and high courts to decide if such cases can proceed in relation to other charges.
The bench said it is cognisant of security interests and integrity of the State on one hand, and the civil liberties of citizens on the other. “There is a requirement to balance both sets of considerations, which is a difficult exercise,” noted the court, turning down the Centre’s plea not to put the law in abeyance.
THE CPI(M) HIT OUT AT THE CENTRE OVER ITS ‘GROSS MISUSE’ OF THE SEDITION LAW
NEW DELHI: Opposition parties on Wednesday hailed the Supreme Court’s decision to put on hold the colonial-era sedition law, saying that the voice of truth could not be suppressed and the draconian law should be scrapped to uphold free speech in the country.
While the Congress said the top court’s order sent a clear message that “you can no longer suppress the voice of truth”, the Communist Party of India (Marxist) hit out at the ruling Bharatiya Janata Party (BJP) at the Centre over its “gross abuse of the law”.
“Telling the truth is patriotism, not treason”, Congress leader Rahul Gandhi said in a tweet. “Listening to the truth is one’s duty. Crushing the truth is arrogance. Don’t be afraid,” he added.
Putting on hold the sedition law, the Supreme Court on Wednesday stayed the registration of FIRs, ongoing probes and coercive measures on the matter across the country until an “appropriate forum” of the govthis ernment re-examines the colonial-era penal law.
“SC once again played a historic role...” Trinamool Congress (TMC) national spokesperson Sukhendu Sekhar Ray tweeted.
The Congress’s chief spokesperson Randeep Surjewala said speaking truth to power cannot be sedition for it is “true nationalism and the true test” of how committed one is to the country and to the people.
“Supreme Court has finally spoken in a historical verdict... A clear cut message has gone today to suppressors and subjugators of public opinion, of dissent, of everyone who criticises the autocratic and dictatorial rulers and their policies, that you can no longer suppress the voice of truth, dissent, those critical of government must be heard and course corrections need to be done,” Surjewala said.
The Congress had promised in its 2019 manifesto, the Supreme Court has finally spoken and the Constitution will be upheld and the voice of truth and those speaking truth to power will finally have their way, Surjewala said.
TMC MP Mahua Moitra, one of the petitioners who sought scrapping of the law, said it was a “great day for democracy”.
CPI(M) general secretary Sitaram Yechury said his party had always opposed the law. “It (sedition law) is anachronistic, brought in by the British to crush our freedom struggle and it has no place in the statute book in independent India,” he said. “Since the BJP government came into office in 2014, at least 326 people have been arrested under the law and only six of them were convicted by the courts. This is gross abuse of the law that is happening under the Modi government. The sedition law should be scrapped. We hope the Supreme Court does this when it resumes the hearing in July,” he added.
AAP Rajya Sabha MP Sanjay Singh alleged the BJP was using the law to suppress those raising voice against its government.