Sedition Law Is Being Examined, Consultation At Advanced Stage: Attorney General Informs Apex Court

The Supreme Court today adjourned a batch of petitions challenging Section 124A of the Indian Penal Code, on the submissions by Attorney General (AG) R. Venkataramani that the Central Government is in the process of examining the provision and that consultations are at an advanced stage.

The Bench of Chief Justice DY Chandrachud and Justice J.B. Pardiwala noted the submission of the Attorney General in its order that in pursuance of the order of May 11, 2022, the Government is examining Section 124A of the IPC. The Bench further noted that the consultation is at an advanced stage.

The Counsel for the Petitioners submitted that they want to know the status of the steps being taken by the government and whether the changes that may be made will have a prospective or retrospective effect.

Senior Advocate Gopal Sankaranarayanan, reacting to the statement of the AG, submitted that the privacy bill is hanging since 2018 and that they hope that these reasons are not given again and again.

Senior Advocate Arvind Datar submitted that the Committee is considering the entirety of criminal laws. He submitted that this matter should go before the Constitution Bench of 7 judges since a 5 judge Constitution Bench has already considered Section 124 A IPC in Kedarnath's case. He further added that the CJI is the master of the roaster and can place the matter before a 7 Judge Bench.

The Attorney General submitted that before any change is placed before the Parliament, it will be shown to him and that in the meantime the case need not be taken up.

The AG referred to the order dated May 11, 2022, which states that "In view of the above, it is clear that the Union of India agrees with the prima facie opinion expressed by this Court that the rigours of Section 124A of IPC is not in tune with the current social milieu, and was intended for a time when this country was under the colonial regime. In light of the same, the Union of India may reconsider the aforesaid provision of law."

The Supreme Court then recorded the statement of the Attorney General and adjourned the matter to August 2023.

Today, the Centre was to apprise the Court of the developments, if any, made while re-examining the provision. On May 11, 2022, the Supreme Court decided to put abeyance of the penal law on sedition till an "appropriate" government forum re-examined it and directed the Centre and states to not register any fresh FIR invoking the offence.

While putting the law on hold, the bench headed by the then CJI N V Ramana had ordered that besides lodging fresh FIRs, ongoing probes, pending trials and all proceedings under the sedition law will also be in abeyance. The bench had said the "rigours of Section 124A (sedition) of the IPC is not in tune with the current social milieu", and permitted reconsideration of the provision.

Cause Title: S.G. Vombatkere v. Union Of India [W.P.(C) No. 682/2021]