In a historic development, the Supreme Court has ordered that the 162-year-old sedition law under Section 124A of the Indian Penal Code should be kept in abeyance, till the Centre reconsiders the colonial-era law.
The apex court also urged the Centre and states to refrain from registering fresh FIRs under section 124A of IPC.
Framed under Section 124A IPC, the sedition law states: “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the government established by law in India, shall be punished with imprisonment which may extend to three years, to which a fine may be added; or, with fine.”
A special bench comprising Chief Justice of India N.V. Ramana, Justice Surya Kant and Justice Hima Kohli held that all pending cases, appeals and proceedings with respect to charges framed under Section 124A should be kept in abeyance, LiveLaw reported. Adjudication on other sections invoked in these cases can continue as normal, the judges continued, with no prejudice against the accused.
“We hope and expect Centre and State Governments will refrain from registering any FIR, continuing investigation, or taking coercive steps under Section 124 A IPC when it is under reconsideration. It will be appropriate not to use this provision of law till further reexamination is over,” the bench stated.
WHAT ABOUT THOSE ALREADY IN JAIL?
As for those who have already been booked under the law, and are presently incarcerated, the bench said they can approach the appropriate courts for bail.
“It has also been ruled that if any fresh case is registered appropriate parties are at liberty to approach courts for appropriate relief and courts are requested to examine the relief sought taking into account the order passed by the court,” Live Law reported.
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