In a landmark order the Supreme Court of India on Wednesday put on hold the contentious sedition law.
The Section 124A of the Indian Penal Code, commonly known as sedition law should be kept in abeyance till the central government reconsiders the provision.
The order was pronounced by a bench comprising Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli while hearing a batch of petitions challenging the constitutional validity of the sedition offence.
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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.”
No New FIRs
Under this ruling no new FIRs will be lodged under this sedition law until the Centre reexamines the provisions of this British-era law, which has been challenged in the Supreme Court.
Dictating the order, Chief Justice of India NV Ramana said it will be appropriate to not use the law while those already booked under Section 124A of the Indian Penal Code and are in jail can approach the courts for relief.
“We hope and expect that Centre and states will restrain from registering fresh FIRs under Section 124A (sedition) of IPC,” the order said.
Key Observations Made By Supreme Court.
LAW NOT IN STEP WITH TIMES
It is clear that Centre agrees that rigours of Section 124A 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.
THE ORDER
We hope and expect Centre and State Governments will refrain from registering any FIR, continuing investigation, or taking coercive steps under Section 124A when it is under consideration. It will be appropriate not to use this provision of law till further re-examination is over.
COURT RELIEF
Should such cases be registered, the parties are at liberty to approach court. The court is to expeditiously dispose of the same.
ON MISUSE
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.