Thread by @barandbench

[Sedition Challenge]

Can future cases under sedition law be put on hold while Centre completes re-examination of Section 124A of IPC?

Central government to clarify its stand before the #SupremeCourt shortly

#Sedition @HMOIndia #Section124A

#SupremeCourt on Tuesday had asked the Central government whether it can issue a direction to the States to keep in abeyance all pending #sedition cases till the government's exercise of reviewing Section 124A of the Indian Penal Code (IPC) is complete

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The courtroom had also witnessed an interesting exchange between SG Tushar Mehta and Senior Adv Kapil Sibal involving former Prime Minister Jawaharlal Nehru #Sedition #SupremeCourt

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The three-judge bench led by CJI NV Ramana to assemble at 10.30 am
#SupremeCourt #Sedition

Sedition challenge: Hearing in Supreme Court [Live Updates]

#SupremeCourtofIndia #Sedition

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SG Tushar Mehta: I have a proposed direction which will be issued by Centre. This will keep in mind that we cannot prevent a cognisable offence from being registered

#SupremeCourt #Sedition

SG: Please see para 5. SC in Vinod Dua judgment ought to be scruplously be followed. FIR under 124A under cannot be registered unless the police officer does not give reasons in writing.

SG: once there is cognisable offence and it is held valid by constitution bench then staying the effect may not be correct course of action. that is why responsible officer must take responsibility. his satisfaction would be subject to judicial review before magistrate

SG: Regarding future cases we dont know gravity of offence it may be 124A along with laundering or terrorism angle. This is before the judiciary and there is no reason to disbelieve judicial wisdom

SG: When there is a bail under 124A, it may be decided expeditiously on merits. passing any other would be staying a statutory provision which is upheld by constitution bench

Sibal: this is wholly unacceptable to us

SG: No accused is before this court

SG: If they can persuade your lordship under PIL jurisdiction then it will set a bad precedent

Sibal: entrusting a superintendent of police with responsibility is useless. If 124A is held as unconstitutional then its the end.

Sr Adv Sibal: when kedarnath decided it it was a non-cognisable offence. We are judging this on basis of interplay between article 14 and 21. here each statute has to be tested on the touchstone of three fundamental rights

Justice Kant: they are saying pre registration of FIR by superintendent of police, what do you suggest

Sibal:no one it should be struck down

Justice Kant: dont argue in the air. we are not hearing on merits. what is struck down? are we doing it today

Sibal: it has to be stayed

Justice Kant: we are talking about in the interim till it is finally decided

Sibal: we are saying Stay the 124A in interim

CJI: Please wait

Judges discuss #sedition

Sibal: we never sought a stay of 124A it only happened after they said they are re-examining Section 124A

Justice Kohli: we were confronted with this yesterday and we were only considering an arrangement for the interregnum.

SG: We cannot undermine respect for judiciary

Senior Adv Gopal S forwards a set of guidelines to the bench
#sedition

The three-judge bench take a small break to deliberate on the issue in private

#sedition

The set of guidelines submitted by Senior Advocate Gopal Sankarnarayanan on the effect of keeping Section 124A in abeyance #sedition

CJI: how many petitioners are in jail or before us

Senior Adv CU Singh: one matter is by the accused and he was protected from arrest by this court. This is the case of journalist Kishorechand Wangkhem. It was said no accused is here

Sibal: 13,000 are in jail

#sedition

CJI: Please share the order proceedings sheet in that case

CJI: we have considered the arguments. This is our order. it is clear that centre agrees that rigours of section1 24a is not in tune with the current situation and it was intended for the time when country was under colonial law. thus centre may reconsider it

SC: Court is to balance civil liberty and soverignity of state. this is a difficult excercise. petitioner says this law dates back to colonial date. AG also cited how 124a is being misused during hanuman chalisa.

SC: it will be appropriate not to use this provision of law till further rexamination is over. we hope centre and state will desist from registering any FIR under 124a or initiate proceeding under the same till rexamination is over

SC: Should such cases be registered, the parties are at liberty to approach court. The court to expeditiously dispose off the same.
#sedition

CJI: It would be appropriate to put the provision on abeyance. #SEDITION

SC: We hope and expect Central govt and states will refrain from registering any FIR, continuing investigation, or taking coercive steps under 124 A IPC when it is being reconsidered by the centre
#sedition #supremecourt

SC: Centre shall be at liberty to issue directives proposed and placed before the court which can be issued to states to prevent misuse of 124A. Directions to continue till further orders.

Sr Adv Kapil Sibal: apologies If i was misunderstood earlier

SC: Thats alright

#Sedition

Sibal: Much obliged your lordship

Bench rises

#Sedition #Supremecourt