In a major development, the Supreme Court on Wednesday stayed proceedings in all cases of sedition until the Centre completed re-examining Section 124A of the IPC.
The Centre had informed the Supreme Court on Monday it had decided to re-examine the validity of Section 124A. The three-judge bench hearing the matter is headed by Chief Justice N.V. Ramana and comprises Justices Surya Kant and Hima Kohli. The court will take up the matter again on May 17.
“We hope and expect Central government 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,” the bench was quoted as saying by Bar and Bench.
The Supreme Court noted that people already charged in sedition cases can approach courts for bail.
Earlier on Wednesday, the Centre informed the Supreme Court that the decision to register FIRs in cases of sedition can be made by officers of rank of superintendent of police or above.
The Supreme Court was hearing a response from the Centre on keeping the pending sedition cases in abeyance to protect the interests of citizens already booked and not registering fresh cases until the Centre re-examined the constitutional validity of Section 124A of the IPC that criminalises sedition.
Solicitor General Tushar Mehta informed the Supreme Court that an officer of rank of superintendent needed to give reasons in writing for registering a case of sedition. The officer's grounds for registering a case could also be challenged in court, Mehta said. Mehta emphasised registration of FIRs for the offence of sedition cannot be prevented as the provision dealt with a cognisable offence and was upheld by a Constitution bench in 1962.
Mehta had said on Tuesday the Centre had prepared a draft for reconsidering Section 124A.
Referring to the status of pending sedition cases, the Centre suggested to the Supreme Court that hearing of bail pleas in such cases be expedited. However, the Centre pointed out that the gravity of such cases individually was unclear, noting “they may have terror, money laundering angles”.
Appearing for petitioners who have challenged the validity of Section 124A, advocate Kapil Sibal sought a stay on implementation of Section 124A until the Centre completed its review.
A total 356 cases of sedition—as defined under Section 124A of IPC—were registered and 548 persons arrested between 2015 and 2020, according to data compiled by the National Crime Records Bureau (NCRB). However, just 12 persons arrested in seven sedition cases were convicted in this six-year period.
