SEDATIVE FOR 152-YR-OLD SEDITION LAW

The Supreme Court on Wednesday put in abeyance the 152-year-old non-bailable sedition law "to protect people" from arrests and "preserve the civil liberty of citizens" until the government takes a call on its review. “It will be appropriate not to use this provision of law till further re-examination is over. We hope and expect the Centre and states will desist from registering any FIR [First Information Report] under Section 124A or initiate proceedings under the same till its re-examination is over,” said the CJI N V Ramana-led bench, which also comprised justices Surya Kant and Hima Kohli.

Those already booked under the law may apply for bail. However, many of those languishing in jails under Section 124A may not be released as the usual practice is to slap multiple criminal charges on the accused, to ensure they do not easily get freedom.

The salient features of the order are:

Until re-examination of the sedition law provision is complete, no case will be registered under Section 124A, nor any investigation be taken up under this provision;

Those already booked under the sedition law, and are in jail, could approach the competent court for appropriate relief and the court will expeditiously consider the question of bail;

Reliefs granted to the accused by the court would continue;

If any fresh cases are filed, concerned parties may approach court and the latter will expeditiously dispose of the same;

The Centre is at liberty to issue additional directions to the states to prevent misuse of the law.

Without fixing any deadline for completion of review of the provision, the Bench fixed the third week of July -- when the Apex Court's summer vacation ends -- for hearing pleas challenging the sedition law's validity, hoping that the Centre would by then have agreed to re-examination.