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Supreme Court refers pleas challenging sedition law to five-judge bench
The apex court said the reference of challenge to sedition law to a larger bench was needed as the provision was upheld by a five-judge bench in the 1962 judgment Kedar Nath Singh case. Read further on Dynamite News:
New Delhi: The Supreme Court on Tuesday referred a batch of pleas challenging Section 124A of the Indian Penal Code which criminalises the offence of sedition, to a Constitution bench of at least five judges.
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra declined the Centre’s request to defer examining the validity of the sedition law as the new Bill (Bharathiya Nyaya Samhita) is pending consideration before a standing committee of Parliament.
A three-judge bench headed by CJI said that even if the new Bill becomes a law, the past cases under Section 124A IPC will not be affected as the new penal law can only apply prospectively.
Therefore, the new law will not obviate the need for a constitutional adjudication on the validity of the provision, the top court said in the order.
The apex court said the reference of challenge to sedition law to a larger bench was needed as the provision was upheld by a five-judge bench in the 1962 judgment Kedar Nath Singh case.
It said, “In our view, the appropriate course is to direct the papers to be placed before the Chief Justice of India to consider that the batch of cases can be heard by a bench of at least five judges. We direct the Registry to place the papers before the Chief Justice of India so that an appropriate decision can be taken on an administrative side to form a bench of at least five judges.”
Senior advocate Kapil Sibal appearing for petitioners objected to the Centre’s request to defer the hearing since the new Bill is pending before the Parliamentary committee, saying the new Bill has a similar provision, which is "far worse".
CJI told Attorney General R Venkataramani that even if the new Bill becomes a law, it can apply only prospectively and the past cases will be prosecuted as per the IPC, therefore, the challenge to Section 124A IPC will continue to be relevant regardless of the new law.
Earlier, the Supreme Court had ordered that sedition law will be kept in abeyance till the government's exercise of reviewing the law is complete.
It had asked the Central government and States not to register any cases under Section 124A.
It had added that if such cases are registered in future, the parties are at liberty to approach court and the court has to expeditiously dispose of the same. (with ANI inputs)