Sedition: Centre tells Supreme Court that Section 124A (IPC) will be re-examined

Read Time: 05 minutes

The central government in its affidavit filed, in the plea challenging constitutional validity of the provision pertaining to sedition has said that it is re-examining and re-considering Section 124A of IPC.

In its affidavit, the centre has requested the Supreme Court not to invest its time examining the validity of Section 124A and await the outcome of the exercise undertaken by the Union of India.

The affidavit states that as per Prime Minister Narendra Modi's vision for Azadi Ka Amrit Mahotsav, the government has undertaken the task of shedding the baggage of colonial legacy, which includes scrapping of colonial laws that have passed its utility. The centre has said that over 1500 colonial laws have been scrapped since 2014-15. The affidavit notes that various offences that were causing mindless hindrances to people have also been de-criminalised by the centre.

Centre has expressed through its affidavit that the Government of India is fully congizant of various views being expressed on the subject of sedition. According to the affidavit, the centre, “having considered the concerns of civil liberties and human rights, while being committed to maintain and protect the sovereignty and integrity of this great nation”, has decided to reexamine and reconsider the provisions of Section 124A of the Indian Penal Code.

The centre in its written arguments has recently said that the binding constitution bench judgment [Kedar Nath Singh Vs. State of Bihar] does not need reference merely because "some Petitioners have laid down an academic challenge to a statutory provision without any cause of action”.

On May 5, a Supreme Court bench headed by CJI NV Ramana and consisting of Justices Surya Kant and Hima Kohli said that it would, on Tuesday (May 10, 2022), consider whether the challenge to the constitutional validity of Section 124A, requires consideration by a larger bench.

In April, the Supreme Court had allowed the Central Government to file it's response in a batch of petitions challenging constitutionality of Section 124A which penalises the offence of Sedition and listed the matter for final round of hearing on May 5.Earlier, the Court had issued notice and had asked the petitioner to serve a copy of the petition to AG Venugopal.

Case title: S.G. VOMBATKERE Vs. UNION OF INDIAE | EDITORS GUILD OF INDIA AND ANR. Vs. UNION OF INDIA AND ORS.