SC directed proceedings under Section 124A be kept in abeyance till the government reviews the law

CASE: SG Vombatkere vs Union of India

BENCH: Chief Justice of India NV Ramana and Justices Surya Kant and Hima Kohli

In a landmark development, the Top Court asked the Central and State governments to refrain from registering any cases under Section 124A of the Indian Penal Code (sedition). The bench-directed proceedings under Section 124A must be kept in abeyance till the government reviews the section.

The bench further asked the governments not to register FIR, continue the investigation, or take coercive steps in pending proceedings.

BACKGROUND

The bench was hearing a batch of petitions challenging the validity of sedition. The Centre earlier submitted an affidavit stating that it has decided to re-examine Section 124A of the Indian Penal Code (IPC).

The Centre, therefore, asked the Court to stop the hearing till the government takes a call.

On Tuesday, the Court asked the Central government whether it can direct the States to keep pending sedition cases in abeyance till the government's reviewing Section 124A is complete.

On Wednesday, Solicitor General Tushar Mehta told the court that the Central government would issue directions to the States, following the order passed in Vinod Dua's case. Vinod Dua's judgment states that cases under 124A are registered only when the Superintendent of Police gives explanations in writing and the same will be open to challenge in court. 

Senior Counsel Kapil Sibal, appearing for the petitioners, said that entrusting a superintendent of police is useless. Justice Kant made it clear that the court is currently hearing only on the interim arrangements. Sibal then said that Section 124A has to stay in the interim.

The matter will be next heard in the third week of July.