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Last year, the Central Government had submitted an affidavit before the Top Court stating that "being fully cognizant of various view being expressed on the subject of sedition and also having considered the concern of civil liberties and human rights, while committed to maintain and protect the sovereignty and integrity of this great nation, has decided to re-examine and re-consider the provision of section 124A of the Indian Penal Code which can only be done before the Competent Forum."
The Supreme Court was informed today by the Attorney General R Venkataramani that the procedure of re-examining Section 124 A of the Indian Penal Code that contains Sedition law is at an advanced stage.
"We note the submissions made by the learned AG on this and order that the matter be posted in second week of August, on a specified Tuesday", a bench of CJI Chandrachud and Justice Narasimha ordered.
Senior Advocate Arvind Datar told the court today, at the beginning of the hearing that in light of Kedarnath judgment (5-judge decision), it had to be seen if matter should be referred to a 7-judge bench.
Last year in May, the Supreme Court had directed the 'Sedition Law' be put on abeyance till further orders. The Court has asked the Centre and State governments not to register any cases under Section 124A of the Indian Penal Code.
The bench headed by then Chief Justice of India NV Ramana and consisting of Justices Surya Kant and Hima Kohli had noted that the Union of India may reconsider the aforesaid provision as there is a requirement to balance.
Solicitor General Tushar Mehta had informed the bench that the Central Government cannot prevent reporting of a cognizable offense. "However, in respect of the pending cases, bails may be decided expeditiously, passing any other order would be against the Constitution, the SG had added.
The bench while directing the pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC to be kept in abeyance had stated that "We hope and expect that the State and Central Governments will restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of IPC while the aforesaid provision of law is under consideration."
In addition to this, the Court had also penned that "If any fresh case is registered under Section 124A of IPC, the affected parties are at liberty to approach the concerned Courts for appropriate relief. The Courts are requested to examine the reliefs sought, taking into account the present order passed as well as the clear stand taken by the Union of India."
The Court had given liberty to the Central Government to issue the Directive as proposed and placed before the bench, to the State Governments, and Union Territories to prevent any misuse of Section 124A of IPC.
Case title: S.G. VOMBATKERE Vs. UNION OF INDIAE | EDITORS GUILD OF INDIA AND ANR. Vs. UNION OF INDIA AND ORS.
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