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Synopsis

The Supreme Court has decided to refer the challenge to Section 124 A of the Indian Penal Code that contains Sedition Law, to a bench of at least five judges.

This order has been passed in light of the fact that the Kedarnath Singh judgment whereby the validity of Section 124A was upheld, was heard by a five-judge bench.

"We direct registry to place the papers before the CJI so that a decision can be taken on the administrative side to hear this batch of cases by a bench of at least five judges", a bench led by CJI DY Chandrachud has ordered.

Refusing to accept the Union's submission that the reference be deferred in light of the new law being framed, the bench also comprising Justices Pardiwala and Manoj Misra observed that the new law would not obviate the prosecutions pending under the old one.

Senior Advocate Kapil Sibal submitted before the bench today that the new law was much worse than the old one. 

In May this year, Attorney General R Venkataramani had informed the Supreme Court that the procedure of re-examining Section 124 A of the Indian Penal Code was at an advanced stage. It was then that Senior Advocate Arvind Datar had told court 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 yea, 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. 

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