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LATEST NEWS UPDATES | Sedition law: SC orders blanket stay on pending proceedings -R Balaji

Sedition law: SC orders blanket stay on pending proceedings -R Balaji

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published Published on May 12, 2022   modified Modified on May 12, 2022

-The Telegraph

Court expresses 'hope' that the states and Centre would 'restrain from registering any FIR, continuing any investigation or taking any coercive measures'

New Delhi: The Supreme Court on Wednesday stayed “until further orders” all pending proceedings under the sedition law across the country, overruling the Centre’s objections by citing the government’s own stated intention to “re-examine and reconsider” the provision.

The court also expressed “hope” that the states and the Centre would “restrain from registering any FIR, continuing any investigation or taking any coercive measures” by invoking the sedition law — penal section 124A — while it was “under consideration” of the Union government.

Later, senior advocate Rebecca John told The Telegraph: “This order will bring immense relief to countless citizens against whom this provision has been unfairly used. However, I expected the SC to test the constitutionality of the provision and strike it down rather than give more time to the Centre to decide on the fate of the provision.” 

A batch of petitions has sought scrapping of the British-era sedition law citing its misuse by central and state governments to stifle dissent. Senior advocate Kapil Sibal, representing main petitioner V.G. Vombatkere, had to a query from the bench said that an estimated 13,000 sedition-related cases were pending across the country.

But the Centre on Monday asked the court to stay away from the matter saying the government had “decided to re-examine and reconsider” the sedition law and that this could be done only “before the competent forum” (Parliament).

On Wednesday, solicitor-general Tushar Mehta, appearing for the Centre, pleaded that instead of ordering a blanket stay, the apex court might issue guidelines that all future sedition FIRs be registered only after a scrutiny by the district superintendent of police.

Mehta further argued that the high courts may be asked to speed up bail proceedings in all sedition cases so far registered until the Centre took a decision on the law.

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The Telegraph, 12 May, 2022, https://www.telegraphindia.com/india/sedition-law-sc-orders-blanket-stay-on-pending-proceedings/cid/1864677


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