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» 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 dom 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.