"Something May Happen In Next Parliament Session": The Attorney General informs the Supreme Court about the repeal of the Sedition Act

"Something May Happen In Next Parliament Session": The Attorney General informs the Supreme Court about the repeal of the Sedition Act

On Monday, October 31, 2022, the Supreme Court bench comprising CJI UU Lalit, Justice Ravindra Bhat, and Justice Bela M Trivedi adjourned a batch of petitions challenging Section 124A of the Indian Penal Code, which criminalises sedition, to January 2023.

The Attorney General of India, R. Venkataramani, stated that the Centre is reviewing criminal laws. As a result, he requested that more time be granted to the centre so that appropriate steps could be taken.

The CJI inquired whether the Centre had issued a directive suspending all pending proceedings and prohibiting the filing of any new cases under Section 124A to prevent its use. Solicitor General Tushar Mehta replied in the affirmative and stated that directions regarding the same were sent to all Chief Secretaries.

"Learned AG submits that in terms of the directions issued by this court in its order dated 11th May 2022 the matter is still engaging the attention of the relevant authorities. He submits that additional time is granted so that appropriate steps be taken by the government. He assures the court that in view of the interim directions issued by the court, every interest and concern stands protected and as such there would be no prejudice caused. At his request, we adjourn this to second week of January 2023. It has also been brought to our notice that in some matters notice has not been issued. Let notice be issued in such matters. Counsel for Union of India, Mr. AK Sharma to file appropriate affidavit within 6 weeks."

Army veteran Major-General SG Vombatkere (Retired) and the Editors Guild of India filed writ petitions, as did former Union Minister Arun Shourie, TMC MP Mahua Moitra, journalist Anil Chamadia, PUCL, journalists Patricia Mukhim and Anuradha Bhasin, and the Journalist Union of Assam. On May 11, 2022, a bench led by the then-Court of Appeal of India Chief Justice NV Raman issued a series of directives effectively suspending the sedition law. The Order further stated that "We hope and expect Centre and State Governments will refrain from registering any FIR, continuing investigation, or taking coercive steps under Section 124 A IPC when it is under reconsideration. It will be appropriate not to use this provision of law till further re-examination is over"

Case Details:-

WP(C) 682/2021

S.G. Vombatkere

Vs

Union of India

WPC 552/2021

Editors Guild Of India And Anr.

Vs

Union of India and Ors.

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