SC freezes law of sedition for now

All existing cases are kept under abeyance

Brushing aside the Central government’s opposition to putting the sedition law on hold and pointing out that registration of cases under the sedition law (Section 124A IPC), which has been upheld by the top court’s constitution bench, could not be prevented, the Supreme Court on Wednesday restrained the Centre and the state governments from registering fresh cases invoking the sedition law and put in abeyance all the proceedings pending before different courts across the country in the cases rooted in the offences under section 124A IPC including ongoing investigations.

The court ordered the Centre to issue a directive to the state governments and the Union Territories to ensure and prevent any misuse of the Section 124A of IPC.

Applying brakes on invoking the sedition and allowing the central government to re-examine and reconsider the provisions of Section 124A, Chief Justice N.V.Ramana heading a special bench, also comprising Justice Surya Kant and Justice Hima Kohli, said, “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.”

The court ordered that its directions will remain in force till further orders are passed.

Referring to the contentions of the petitioner that the provision of sedition law dates back to 1898, and pre-dates the Constitution itself, and is being misused and the instance of its “glaring misuse” cited by Attorney General K.K. Venugopal, including its invoking in the case of the recital of the Hanuman Chalisa, the Chief Justice of India, while pronouncing the order, said, “Therefore, we expect that, till the re-examination of the provision is complete, it will be appropriate not to continue the usage of the aforesaid provision of law by the governments.”

Telling the Centre and the states to desist from invoking Section 124A IPC till reconsideration exercise is over, the court ordered, “All pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC be kept in abeyance. Adjudication with respect to other sections, if any, could proceed if the courts are of the opinion that no prejudice would be caused to the accused.”