Millennium Post (Kolkata)

Highlights

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NEW DELHI: The Supreme Court said it would hear arguments on May 10 on the legal question of whether the pleas challengin­g the colonialer­a penal law on sedition be referred to a larger bench and granted time to the Centre to file its response.

A special bench comprising Chief Justice NV Ramana and Justices Surya Kant and Hima Kohli was told by Attorney General KK Venugopal, that the misuse of the provision like it happened against a Maharashtr­a MP for reciting ‘Hanuman Chalisa’ has to be stopped by laying down guidelines.

However, there was no need to refer the five-judge bench verdict of the top court in the Kedar Nath case in 1962 to a bench of five or seven judges, the top law officer said.

The apex court had upheld the constituti­onal validity of the sedition law in the Kedar Nath Singh case.

Senior advocate Kapil Sibal, appearing as the lead counsel on behalf of the petitioner­s, said the reference to a larger bench may not be necessary. He said a three-judge bench can still go into the issue ignoring the 1962 judgement of the five-judge bench in the light of subsequent developmen­ts in the fundamenta­l rights jurisprude­nce.

The bench commenced the hearing and heard arguments on a batch of pleas against the sedition law for some time before adjourning it to Tuesday.

At the outset, Solicitor General Tushar Mehta, appearing for the Centre, sought a few more days for filing the reply saying the draft response made by lawyers awaits approval by competent authority as the issue is of extreme importance. » Kapil Sibal: Reference to a larger bench may not be necessary

» SC had asked if the colonial-era law was still needed after 75 years of Independen­ce

Secondly, some fresh matters have been served recently and the contents of those pleas also needed a response.

The bench, on April 27, had directed the Central government to file a reply saying it would commence the final hearing in the matter on May 5 and would not entertain any request for adjournmen­t. Concerned over the enormous misuse of the penal law on sedition, the top court in July last year had asked the Centre why it was not repealing the provision used by the British to silence people like Mahatma Gandhi to suppress the freedom movement.

The non-bailable provision makes any speech or expression that brings or attempts to bring into hatred or contempt or excites or attempts to excite disaffecti­on towards the government establishe­d by law in India a criminal offence punishable with a maximum sentence of life imprisonme­nt.

While issuing notice on the petitions in July’21, SC had referred to the alleged misuse of the provision and asked if the law was still needed after 75 years of Independen­ce.

“This law dispute is concerning, it is a colonial law. It was meant to suppress the freedom movement. It was used by the British to silence Gandhi, Tilak etc.”, the CJI had asked.

Some of the other petitioner­s include former union minister Arun Shourie and journalist­s Kishorecha­ndra Wangkhemch­a from Manipur and Kanhaiya Lal Shukla from Chhattisga­rh.

 ?? PTI ?? The apex court will hear pleas challengin­g the colonial-era penal law
PTI The apex court will hear pleas challengin­g the colonial-era penal law

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