Thread by @LawBeatInd

#SupremeCourt to hear batch of petitions challenging constitutional validity of Section 124A of the Indian Penal Code i.e. #SeditionLaw.

Yesterday, the Court had asked Solicitor General Tushar Mehta to take instructions as to what will be status of pending and future sedition cases during the time Centre re-examines the validity of Section 124A of the Indian Penal Code i.e. sedition law.

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SG submitted that I have proposed a direction for the Central Government, we cannot prevent reporting of a cognizable offence.

Solicitor refers to the Judgment in the case of Vinod Dua, once there is a cognizable offence, either the government or the Court staying would not be good, it would be on the discretion of a officer that may consider it whether it needs to be registered.

SG: for the pending cases bails under this cases may be decided expeditiously, passing any other order would be against the Constitution.
I can't do anything till July

Sr Adv Kapil Sibal: What difference is it going to make, they'll pass an order and Court will say that it is in the statute and we cannot do any thing.
Section was being misused, there is a Judgment saying there should be no arrest, it was later only when it was made cognizable.

Court: According to them it should go onto the officer, according to you, who can be the authority.
Sibal: Nobody! it should be struck down.
Court: Should we we struck it down today? What is this argument?

Sibal: We never came to the Court for a stay...

Court: we are only exploring a viable solution for interregnum

SG: We should not undermine the Judiciary of the Country.

CJI Ramana: We are aware of that Mr Mehta.

The bench has taken a short break to discuss the matter.

The Court has asked the Counsel that how many petitioners are in jaila.

Counsel informed the Court that Kishor Chandra and 2 Journalists are in jail.

SG: The only prayer is that declare the provision as unconstitutional, the State is not a party.

The Court is now passing the order.

Court: Union of India may reconsider the aforesaid provision, there is a requirement to balance.

Court: The AG has also given some instances of glaring issues.

It would be appropriate to put the provision on abeyance. hope that the States will not register any FIRs in these case.
The above direction may continue till further orders.

BREAKING: #SupremeCourt directs #SeditionLaw, Section 124A to be put on abeyance.

The Court has asked the States not to register any FIR under the provision and in case an FIR is registered, parties may approach the Court and the may be disposed of expeditiously.

BREAKING: Supreme Court directs to put sedition law on abeyance till further orders
@Gautam_Adv28 reports
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Supreme Court says that in view of the “clear stand” taken by the Union of India, “it hopes and expects” that Governments will restrain from registering any FIR or continue any investigation under Section 124A #SEDITION

#SEDITION Order #SupremeCourtofIndia -
1. In case of FIR, parties at liberty to approach courts which are requested to examine reliefs sought in light of clear stand of UOI on re-examination & reconsideration of Sedition law
2. All proceedings to be kept in ABEYANCE.