SC allows Centre to re-examine Sedition law; says no new case should be filed under Section 124A in the interim

New Delhi: The Supreme Court on Wednesday allowed the Centre to re-examine the law and reconsider the provisions of Section 124A of the IPC which criminalises the offence of sedition, adding that till the time of re-examination of the law is complete, no case will be registered under 124A. The Centre has been given time till July for the re-examination.

The SC added that 'if sedition cases are registered, the parties are at liberty to approach the court and the court has to expeditiously dispose of the same.' The Court also provided that the reliefs granted to the accused be continued, as well as all pending cases, appeals and proceedings regarding charges of Sedition are to be kept in abeyance for the time being the law is re-examined.

"It is clear that the Central government agrees that the rigours of Section 124A are not in tune with the current situation and it was intended for the time when the country was under colonial law. Thus Centre may reconsider it...it will be appropriate not to use this provision of law till further reexamination is over. We hope Centre and States will desist from registering any FIR under 124A or initiate a proceeding under the same till reexamination is over," the SC Court order stated.

Notably, the Supreme Court on Tuesday asked the Centre to file a response by Wednesday over whether the sedition law can be 'put on hold' and the cases of people charged under it as well as the future cases that can be suspended for the time being the law is re-examined.

The Centre's response

Earlier, the Centre on Wednesday told the Supreme Court that suspending or staying the sedition provisions till the time the law is being reviewed may not be the correct approach.

Clearing its stand on the future cases, the Centre told the SC that 'a cognizable offence cannot be prevented from being registered.' The Centre added that it might not be the correct approach, therefore, a responsible officer is needed for scrutiny before FIRs under Section 124A IPC are registered. The satisfaction of the officer is subject to judicial review.

Appearing for the Centre, SG Tushar Mehta argued that 'as far as pending sedition cases are concerned, the gravity of each case is not known, maybe there is a terror angle or money laundering. Ultimately, the pending cases are before the judicial forum, and we need to trust the courts.'