The Centre on Monday informed the Supreme Court that during the winter session of Parliament, “some change may” be incorporated in the British-era sedition law, often misused against critics and political opponents by governments.
“Something may happen in the winter session of Parliament…. Some change may happen. There is no reason to worry about the interim order in place,” attorney-general R. Venkatramani told a bench headed by Chief Justice of India U.U. Lalit. The bench included Justices S. Ravindra Bhat and Hima Kohli.
On May 11, an earlier bench headed by then Chief Justice of India N.V. Ramana had stayed “until further orders” all pending proceedings across the country relating to the controversial sedition law.
That bench had also expressed “hope” that the states and the Centre “will restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of IPC while the aforesaid provision of law is under consideration” of the Union government.
The top court was dealing with a batch of petitions filed by individuals, organisations and civil liberty activists seeking quashing of the provision.
During Monday’s hearing, CJI Lalit secured an assurance from Venkatramani that as the Centre was seeking an adjournment in view of Parliament’s consideration of the matter, the government would abide by the May 11 order.
“If you ask for adjournment, you will have to abide with the order till something is passed,” Justice Lalit said, asking when the Parliament session was scheduled to begin.
“May be January,” the AG said. “There is thinking (in the government) on the subject.”
The CJI asked whether pursuant to the May 11 stay order, “any directive has been issued by the Centre to avoid usage of 124A IPC (sedition law). What does it say”?
Solicitor-general Tushar Mehta, also appearing for the Union government, said the directive had been sent to all chief secretaries.
“To put in abeyance all pending proceedings and no such fresh cases, right?” Justice Lalit asked.
Mehta responded: “Yes, exactly.”
Advocate Kaleeswaram Raj, appearing for some of the petitioners, pleaded that the section needed to be struck down altogether.
The CJI then dictated the following order: “Mr R. Venkatramani, the learned attorney-general, submits that in terms of the directions issued by this court in order dated May 11, 2022, the matter is stilling engaging the attention of the relevant authorities. He submits that some additional time be granted so that appropriate steps can be taken by the government.
“He assures the court that in view of the interim directions issued by this court dated May 11, 2022, all interests and concerns expressed by counsel stand protected and as such, there would be no prejudice to anyone at this stage. At his request, we adjourn the matter to the second week of January 2023.”
