Thread by @LawBeatInd

#SupremeCourt to shortly hear plea challenging the constitutional validity of provisions pertaining to #Sedition . The court will today consider if the matter is to be heard by a larger constitution bench.

Centre has informed the #SupremeCourt that it is re-examining the provision pertaining to #sedition and has requested the court to not hear the matter till the process of re-examining is over.

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SG: We have filed our reply.

CJI: We went through it.

SG: It is being considered at the level of executive. Please defer the hearing.

@KapilSibal objects to postponement of hearing. Says “ Court cannot wait for another to jurisdiction to decide. I take strong objection.”

CJI: We issued notice long back. The other day also you had argued about referring the matter to larger bench. Thats a different thing. How long will you take to re-consider?

SG: The court had permitted to file written submission on question of the reference. I filed WS for it

SG: Affidavit contains the stand of the central government.

CJI: How long for re-consideration?

SG: I may not be able to give an accurate reply. The process has started. Its not just coming from the department, there is an application of mind. #Sedition

SG: Ld.AG has called me in the afternoon, he has a stomach issue so he is unable to join milords. #Sedition

CJI: When the state is saying that they are examining, we should not be unreasonable.

Sibal: Even if there is a new law, there are existing cases. #Sedition

Gopal Shankaranayanan, Sr. Adv: There is a judgment that says that the executive does not speak for parliament.

Gopal Shankarnarayanan, Sr. Adv: When privacy was almost close to being reserved, the union came and said they are setting up a committee. They did the same thing in marital rape hearing.

CU Singh, Sr. Adv: There are arrests being made.

CJI: We also have to look into both angles. The affidavit says @PMOIndia has been cognisant of various views.

CJI reads the affidavit. #Sedition

CJI: We should not appear that we are unreasonable.

CJI: There are concerns, one is cases which are pending. There are some case which law will be misused. AG himself spoke of the #HanumanChalisaRow . How will you handle it?

SG: These issued pertains to the state milords. Whenever there is misuse, there are remedies. #Sedition

CJI: We can’t ask every person to approach constitutional courts.

SG: What was going on in 100 years, on a fact to fact basis if the matter reaches the court. The court may decide on #Sedition Each case has different facts.

CJI: We are concerned about cases

Justice Surya Kant: Why don’t you issue advisory to the States asking cases to be kept in abeyance. #Sedition

SG: It will really be hazardous to say henceforth don’t apply penal offences. In the history of this country no order has been passed not to used penal laws.

SG: I can discuss with the government.

Justice Surya Kant: There are other penal provisions which can take care of the offences.

SG: Possibly there are some guidelines. Recent judgment in Vinod Dua the court has interpreted. These can be guiding principles.

Sibal: SG says 124A mentions sovereignity and integrity of India. Its not in 124A . 124A is a pre constitutional law where the state and the government were one. We are dealing with the government and not with the State. No arrest should be taken under 124A.

Justice Surya Kant: The question is that local police are operating 124A, the government can issue a directive to them not to use it till the position of law is decided.

SG: May I make a suggestion.

SG refers to a few judgments.

Sibal: Kedarnath is based on the federal court judgment which is pre constitution. Pre constitution there was no difference between the government and the State.

Sibal quotes Nehru #Sedition

SG: This is Nehruji’s speech in 1960s, we are trying to do what was not done then

Sibal quotes Mahatma Gandhi.

Sibal: There is a difference between government and State.

CJI: We will have these debates at the time of hearing. Please take instructions till tomorrow morning. Our specific query is

1) Pending cases;
2) How the government will take care of the future cases pending consideration;

Order: Affidavit is filed by Additional Secretary GOI. We have posed a query as to how people who have already been booked under 124A. Ld.SG sought sometime to seek instructions. List the matter tomorrow.

Adjourned to tomorrow. #Sedition

#SupremeCourt to asks Solicitor General Tushar Mehta to get instructions on how it proposes to handle the pending #Sedition cases and how the government will take care of future cases till the re-consideration process is over.

CJI Ramana said that the court's concern is twofold as to how the Govt is going to handle the already pending cases under S. 124A IPC and how will it take care of the future cases, during reconsideration? @Gautam_Adv28 @sai_prasad_law report
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