Sedition Law | Supreme Court stays registration of treason cases

New Delhi: The Supreme Court has stayed the registration of cases under the Sedition Act. The Supreme Court has ordered that no case be registered under this section until the treason law is reconsidered. The bench, headed by Chief Justice NV Ramana, directed the Central Government and the states not to register cases under Section 124A of the Indian Penal Code. The Supreme Court also directed to freeze the cases currently registered. The order also says that those in jail involved in treason cases can approach the court for bail. The court ruled in favor of repealing the sedition law under British rule.

However, the apex court did not accept the central government’s position that prosecution could not be avoided under the sedition law. Solicitor General Thushar Mehta had earlier told the court that the cases currently pending could not be frozen.

Earlier, Justice Suryakant had said that important issues would be heard on merit if a wide-ranging bench was constituted to consider the petition. Chief Justice NV Ramana had also said that there would be no more time to submit a reply to the Central Government on whether to send it to a wider bench.

Earlier, the Center had asked the court to uphold the treason charge under the Indian Penal Code. Attorney General KK Venugopal had earlier told the apex court that he should not be sent to a wider bench to examine the constitutional validity of the treason charge.

Earlier, the Center had asked for more time to respond to petitions questioning the constitutional validity of the treason charge. An application was made to the Supreme Court in this regard. Although the affidavit against the draft was ready, the government said it was waiting for the final approval of the authorities.

Solicitor General Thushar Mehta had earlier said that the AG’s position would be different from that of the Central Government and that the Central Government’s position would be presented in the Supreme Court. In April last year, the Supreme Court asked the Center why it did not repeal the provision used by the British to silence people like Mahatma Gandhi to suppress the freedom struggle, citing concerns over the misuse of the penal code of the colonial era.

The Supreme Court, while agreeing to examine the petitions filed by the Editors’ Guild of India and former Major General SG Wombatker questioning the constitutional validity of Section 124A (treason) of the IPC, said their main concern was “abuse of law”.

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In April 2021, another bench headed by Justice UU Lalith issued notice on a petition filed by two journalists questioning Section 124A IPC. The court is also hearing a petition filed by journalists Patricia Mukhim and Anuradha Bhasin on the same issue.

Section 124A (treason) of the IPC makes any speech or expression that seeks to incite hatred, contempt or resentment against the legally established government in India a criminal offense punishable by up to life imprisonment. This is a non-bailable section.

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