The Supreme Court on Tuesday agreed to allow the Centre to re-examine Section 124A (sedition) of the Indian Penal Code (IPC). However, it asked whether the central government could issue a guideline to states to protect the rights of those already arrested under sedition charges and not to invoke this provision till the government’s decision on pruning the colonial-era penal law. The central government to reply on Wednesday.
A bench headed by Chief Justice N V Ramana took note of the submissions of the Centre that said it has decided to “re-examine and reconsider” the sedition law by an appropriate forum.
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Solicitor General Tushar Mehta, appearing for the central government, said that he would take instruction from the Centre and apprise the bench on Wednesday. “We are making it very clear. We want instructions. We will give you time till tomorrow. Our specific queries are one about pending cases and the second, as to how the government will take care of future cases…,” said the bench. It sought a response on the issue saying if future cases can be kept at abeyance till reconsideration is over.
On Monday, the central government announced that it has decided to “re-examine and reconsider” the sedition law and also urged the top court not to “invest time” in examining the validity of its provisions once again.
The Ministry of Home Affairs (MHA) in an affidavit filed before the apex court said the decision was in tune with the views of Prime Minister Narendra Modi on shedding colonial baggage, noting he has been in favour of the protection of civil liberties and respect of human rights and in that spirit, over 1,500 outdated laws and over 25,000 compliance burdens have been scrapped.
Union Law Minister Kiren Rijiju had said that the government will “suitably” take into account the views of stakeholders and ensure the sovereignty and integrity of the country is preserved while looking into Section 124A of the IPC. Calling it a “bold” step taken by the government, the minister said making laws is the responsibility of the government.
“Since directions have come from the prime minister since we are doing it (re-examining and re-considering sedition law provisions), we have told the court (Supreme Court) through an affidavit, the court may not get involved,” he said.
Rijiju told reporters that PM Modi expressed his view clearly in favour of protection of civil liberties, respect for human rights and giving meaning to constitutional freedoms.
“…the government will reconsider and change the provisions as per the need of the present time. Because there are lots of views coming up,” he said on the sedition law.
The Centre also said it was cognizant of various views and concerns about civil liberties while being committed to protecting the sovereignty and integrity of this great nation. Sources in the government said the process may include consultations with the civil society.
(with inputs from PTI)
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