'Sedition Law Re-Examination In Advanced Stage': Govt Tells Supreme Court

The Supreme Court had previously ordered that the law be kept in abeyance and had asked the central and state governments to refrain from registering any sedition case under Section 124A of the IPC.

The Centre has informed the Supreme Court that the process of re-examining Section 124A of the Indian Penal Code (IPC), which criminalises sedition, is at an advanced stage. Attorney General R Venkataramani told the top court about the government's decision during a hearing of a batch of petitions challenging the validity of the law, reported legal news website Bar and Bench. The SC bench, comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala, noted the submission made by the top law officer and posted the case for consideration in the second week of August after the monsoon session of Parliament.

The Supreme Court had previously ordered that the law be kept in abeyance and had asked the central and state governments to refrain from registering any cases for the offence of sedition under Section 124A of the IPC. The Court had also asked governments not to continue the investigation or take coercive steps in all pending proceedings under the provision until the government's exercise is complete.

Several persons who were in jail as undertrial prisoners in sedition cases had been granted bail by various courts following the apex court's May 2022 order. During the hearing of the matter, Senior Advocate Arvind Datar, appearing on behalf of one of the petitioners, argued that the Court has to examine whether this matter needed to be taken up by a seven-judge bench. His contention was based on the premise that a five-judge bench in the Kedar Nath Singh vs State of Bihar case had upheld the provision in 1962.

Senior Advocate Gopal Sankaranarayanan also supported that argument, stating "Article 19 has to be recast in a new form and that is why this case should go before seven judges."

In response, AG Venkataramani said that the government would consult him before taking the exercise to Parliament. "Before it goes to Parliament it will be shown to me. Then why take this up (now)," he was quoted as asking by Bar and Bench. The Court agreed to defer the hearing and posted the matter for August.

The re-examination of Section 124A of the IPC, which was introduced during the colonial era, has been a long-standing demand of civil society groups and activists who argue that the law is often misused to stifle dissent and free speech. The government's move to re-examine the provision has been widely welcomed by these groups, who hope that it will lead to its eventual repeal or significant amendments to prevent its misuse.