May 11,2022: In a historic order, the Supreme Court has directed that Section 124A of the Indian Penal Code be kept in abeyance till the government’s exercise of reviewing the contentious law is complete.
The SC bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli held that all pending cases, appeals and proceedings with respect to charges framed under Section124 A be kept in abeyance. Adjudication with respect to other sections may proceed with no prejudice be caused to the accused, it held.
No new cases under sedition law
The SC also directed the Center and states that no new cases should be registered under Section 124A until the government’s re-examination of the law is completed.
This is the first time in 162 years that the operation of the provision of sedition has been suspended.
The court said the provision would remain suspended indefinitely and till further orders. It added that the Union government is free to issue additional directions to the states.
Govt agrees to re-examine sedition law
The development comes days after the government, in a major U-turn of its policy told the SC that it was ready to reconsider the colonial era law.
In an affidavit, the Ministry of Home Affairs has told the Supreme Court that in the spirit of Azadi Ka Amrit Mahotsav and the Prime Minister’s unequivocal views in favour of protection of civil liberties and to shed colonial baggage, the government has decided to re-examine and re-consider the sedition law.
The use of the sedition law, which was introduced by the British to target freedom fighters in post-Independence India was always controversial.
Those opposed to the law have long argued that successive governments, both at the Centre and states have used it to target critics, activists and journalists.
They also point out that despite the high number of cases registered under the sedition law only a few have ever been convicted under it.
