Thread by @barandbench

The #SupremeCourt to shortly hear a batch of petitions challenging the constitutional validity of Section 124A, #Sedition law.

Today's hearing is to determine if there is a need to revisit Kedarnath Singh vs State of Bihar judgment by a larger constitution bench

In a significant development, the Central government had told the #SupremeCourt on Monday that it has decided to re-examine and reconsider Section 124A of the Indian Penal Code (IPC) which criminalises the offence of #Sedition @HMOIndia @narendramodi

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On the point of reference to a larger bench, Centre says that the 1962 verdict of the top court in Kedar Nath Singh vs State of Bihar upholding validity of Section 124A of the Indian Penal Code (IPC) on #sedition is binding on a 3-judge bench

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[VIDEO RECAP] Watch a crisp recap on what the central government told the #SupremeCourt
#SEDITION

Chief Justice of India NV Ramana led bench to assemble shortly
#SupremeCourt #SeditionLaw #Sedition

#SEDITION hearing to commence at 2 pm. Follow this thread for all live updates #SupremeCourt 👇👇

#UPDATE #Sedition The petitioners have filed a separate application in the Supreme Court seeking a STAY on the operation of Section 124A if the top court decides to refer the matter to a larger bench #SupremeCourt

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The stay application filed by the petitioners seeking to STAY operation of Section 124A, #SeditionLaw
#SupremeCourt

CJI Led bench assembles
#SupremeCourt #Sedition #SeditionLaw

SG Tushar Mehta: we have filed our reply. I hope the bench has seen it. May I read it?

CJI: you have said that you are reconsidering it

SG: at the level of executive since its about integrity, sovereignty of nation.

#SupremeCourt #Sedition #SeditionLaw

SG: of course no one can say there should be a penal action. Please defer this hearing

Sr Adv Sibal: merely because the legislature will take time to reconsider for 6 months or 1 year the exercise of this court cannot be stopped

#SupremeCourt #Sedition #SeditionLaw

Sibal: constitution does not say this. This court cannot wait for another jurisdiction. It is for the judiciary to consider constitutional or not

CJI: We issues notice 9 months back and last time also the matter was argued. How long will this take?

#SupremeCourt

SG: Regarding notice, law which is there since 100 years was challenged. when notice was issued and cognisance taken we filed a response. My written submissions say submissions of SG Mehta on the question of reference. #SupremeCourt #Sedition #SeditionLaw

SG: However time for central govt stand on sedition law was through an affidavit filed on Monday

CJI: How long will you take to reconsider

SG: I am not able to give an accurate reply. the process has started. Please see tenor and spirit of affidavit. #SupremeCourt #Sedition

SG: The central govt affidavit is just not an affidavit but with an application of mind #SupremeCourt #Sedition #SeditionLaw

SG: Learned AG called me in the afternoon. he has a stomach issue that is why he could not join the hearing, #SupremeCourt #Sedition #SeditionLaw

CJI: When the state is saying they are examining something, it appears we should not consider it. Let us see how much they will take. We will decide it

Sibal: there are prosecutions etc.. it has to be decided people are arrested on daily basis

#SupremeCourt #Sedition

Sr Adv Gopal S: Affidavit does not speak for parliament. The precedent of the case shows affidavit does not speak for the parliament and only court can say what parliament intended.
#SupremeCourt #Sedition #SeditionLaw

Justice Surya Kant: No one can guarantee of parliament. Let us be clear

Gopal S: This has become a pattern. When Right to Privacy was being reserved, they submitted an OM that a committee is formed, in marital rape too in Delhi HC they said same thing

SG: if we talk of pattern we can show some pattern right now. let us not get into that

CJI: So far as Sr Adv Gopal S is concerned we have to look at both sides. When the Prime Minister is cognizant of the views expressed on this subject and protection of civil liberties, he said India's strength is diversity.

CJI: Azadi ka Mahotsav has been cited to get rid of colonial baggage like outdated colonial laws.. (Reads the affidavit by Centre) #sedition

CJI: We are taking into consideration that they are undertaking a serious exercise. It should not appear that we are unreasonable.

Now Mr Mehta there are concerns that this is being misused. AG himself had said chanting hanuman chalisa is leading to such cases.

SG: These filing of FIRs etc is by state government. The first limb of 124A is to protect sovereignty and integrity of the nation. Tomorrow someone can say this part of India is not a part anymore. When there is misuse there are constitutional remedies.

CJI: So we cannot tell the party that okay be in jail sometime. In the affidavit itself it is said that misuse is there, how will you address is this?

SG: What is happening since 100 years is that when 124A proceedings are slapped then court of law strikes it down saying its not seditious. But the court cannot exercise plenary power in anticipation of misuse in future.

Justice Surya Kant: You complete this task in three months, 4 months, but till such period, why dont you direct the states that matters under 124A be kept in abeyance till the centre finishes the process of reconsideration.

SG: It would be hazardous to say that in future do not apply this penal provision. i dont think in the history of the country that a penal law has not been permitted to be used.

Justice Kohli: why as Centre dont indicate the states that since you are applying your mind to it, not to take action under sedition law

SG: I can discuss with govt and there can be a guidelines

Justice Kant: yes if something serious happens then other penal provisions can take care of it, it is not like law enforcement agencies will be helpless

SG: In the Vinod Dua judgment guidelines were laid down how Section 124A can be meaningfully used.

Sibal: 124a has no sovereignty and integrity of the nation. It is Article 19 (2). This law says no hatred or disaffection against the govt. this law is a pre-constitutional law where state and govt was one.

Sibal: But now after constitution state and govt is different. No arrest should be taken place under 124A till reconsideration is over

Judges engaged in an intense deliberation with each other

#sedition #supremecourt

Justice S Kant: Judgment in Kedarnath has also melted down. Now who is dealing with 124A at ground level? police officers, local police stations etc. why cannot you direct them to keep the proceedings in abeyance till your re-examination process is over

#sedition #supremecourt

SG reads his written submissions: Please look at the judgment where excluded categories are mentioned. this will take care of your concern.

#sedition #supremecourt

SG Mehta reads the below from Kedarnath Singh judgment:

Sibal: Kedarnath relies on federal court judgment which was pre-constitutional. We are in post-constitution era. Pandit Jawaharlal Nehru had said sooner we get rid of #sedition the better

SG Mehta; we are trying to do what Pandit Nehru could not do then now.

Sibal: what?

Sibal: you are not doing that. you are saying all is good Mr Mehta #sedition

Sibal: Even Mahatma Gandhi said there is a difference between government and the state. #sedition

CJI: Mr Mehta please take instructions. We will have this tomorrow. Our specific query is 1. on pending cases under sedition law and 2. how will govt will take care of these cases

hearing tomorrow

#sedition

CJI: We have perused the affidavit by the respondent. Meanwhile to protect the interest of the people already booked under 124A as well as the future of this provision if cases can be kept in abeyance till further time till reconsideration is over. SG will take instructions.

Matter to be heard tomorrow
#sedition

Can sedition cases be kept in abeyance till government completes review of Section 124A: Supreme Court asks Central government

report by @DebayonRoy

#SupremeCourtofIndia #SupremeCourt #SeditionLaw

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