The Supreme Court put a stay on the sedition law and ruled that 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.
The apex court issued the order a day after it asked the Centre whether the pending sedition cases can be kept in abeyance. The Centre on Wednesday informed the Supreme Court that staying provision of the sedition law may not be a correct approach. Instead, the Centre can ask the states that only a police officer of the rank of SP or above must record in writing the reasons and compliance with the SC judgment in the Vinod Dua case before a fresh sedition case is to be lodged. There has to be a responsible officer for scrutiny and his satisfaction is subject to judicial review, solicitor general Tushar Mehta said.
No new FIRs will be filed for sedition and all pending cases will be on hold while the government reconsiders the law, the Supreme Court said, referring to petitions that challenged the law alleging its misuse in cases like in Maharashtra, where it was invoked over the chanting of the Hanuman Chalisa.
“It is clear that Centre agrees that the rigours of (sedition) are not in tune with the current situation. It will be appropriate not to use this provision of law till further re-examination is over. We hope and expect that centre and state will desist from registering any FIR under 124 A (sedition law) or initiate proceeding under the same till re-examination is over,” said Chief Justice NV Ramana.
If any fresh cases are filed, those charged can approach the court. “The Union of India is at liberty to pass directives to states to prevent misuse of the law,” the Chief Justice added.
In a sharp reaction, Union Law Minister Kiren Rijiju said: “We respect each other, the court should respect government, legislature and the government should also respect the court. We have clear demarcation of boundary and that Lakshman Rekha should not be crossed by anybody.”
