Supreme
Court gives 24 hours to Centre to reply on pending sedition cases [10.5.2022]
New Delhi,
10.5.2022, Tuesday
The Supreme Court on Tuesday
indicated a willingness to wait, but not for too long, for the government to
“re-examine” the colonial law of sedition.
However, the court wants the
government to respond within the next 24 hours on how it intends to protect the
interests of people already arrested and facing prosecution under Section 124A
(sedition) of the Indian Penal Code. The court further sought the government’s
response on whether the use of the British-era law could be suspended in view
of the reconsideration process.
“We will definitely take into
consideration that you are doing a serious exercise of reconsideration of the
law. We should not appear unreasonable… But there are concerns. One is about cases
which are already pending. The other is the future misuse of Section 124A
during the reconsideration. The Attorney-General has himself said there is
abuse… How are you going to protect the interests of the people from this abuse
while the reconsideration exercise is on,” Chief Justice of India N.V. Ramana
asked Solicitor-General Tushar Mehta, appearing for the Centre.
At one point, the court said
the reconsideration process could not be an open-ended one. “How long will you
take for the ‘reconsideration’ of the law,” Chief Justice Ramana asked.
But Mr. Mehta was
non-committal. “I may not be able to say. The process has started,” the law
officer said. He urged the court to trust the earnest tone and spirit of the
government’s affidavit which promised the re-examination of the law. “There is
a serious application of mind,” the Solicitor-General assured the court.
We will decide the question of
how much time should be given,” Chief Justice Ramana said.
On the issue of protecting
people from the misuse of sedition law, Mr. Mehta said those affected could
always move the constitutional courts of the land.
“These cases are booked by the
State governments. The Centre does not do it. The aim of Section 124A is to
protect the sovereignty and integrity of the nation… Whenever there is misuse,
there are the constitutional courts and remedies,” Mr. Mehta submitted.