Sedition challenge: Hearing in Supreme Court [Live Updates]

The Supreme Court will hear today a batch of petitions challenging the validity of Section 124A of the Indian Penal Code (IPC) which criminalises sedition. Today's hearing will be specifically on whether the Central government will issue a direction to the States to keep in abeyance all pending sedition cases till the government's exercise of reviewing Section 124A of the Indian Penal Code (IPC) is complete. The three judge bench had asked Solicitor General Tushar Mehta to clarify the centre's stance after it had submitted an affidavit before the Court on Monday stating that the government had decided to re-examine and reconsider Section 124A of the Indian Penal Code (IPC) which criminalises the offence of Sedition.The matter will be heard by a bench of Chief Justice of India NV Ramana and Justices Surya Kant and Hima KohliLive updates from the hearing below. .Solicitor General Tushar Mehta: I have a proposed direction which will be issued by Centre. This will keep in mind that we cannot prevent a cognisable offence from being registered..SG: Please see para 5. Supreme Court in Vinod Dua judgment ought to be scrupulously be followed. FIR under 124A cannot be registered unless the police officer does not give reasons in writing..SG: Once there is cognisable offence and it is held valid by constitution bench then staying the effect may not be correct course of action. That is why responsible officer must take responsibility. His satisfaction would be subject to judicial review before magistrate..SG: Regarding future cases we don't know gravity of offence it may be 124A along with laundering or terrorism angle. This is before the judiciary and there is no reason to disbelieve judicial wisdom..SG: When there is a bail under 124A, it may be decided expeditiously on merits. Passing any other would be staying a statutory provision which is upheld by constitution bench.Senior Advocate Kapil Sibal: This is wholly unacceptable to us.SG: No accused is before this court..SG: If they can persuade your lordship under PIL jurisdiction then it will set a bad precedent. Sr Adv Sibal: Entrusting a superintendent of police with responsibility is useless. If 124A is held as unconstitutional then it's the end..Sr Adv Sibal: When Kedarnath decided it was a non-cognisable offence. We are judging this on basis of interplay between article 14 and 21. Here each statute has to be tested on the touchstone of three fundamental rights..Justice Kant: They are saying pre registration of FIR by superintendent of police, what do you suggest? Sr Adv Sibal: No one, it should be struck down.Justice Kant: Don't argue in the air. We are not hearing on merits. What is struck down? Are we doing it today?Sr Adv Sibal: It has to be stayed..Justice Kant: We are talking about in the interim till it is finally decided.Sr Adv Sibal: We are saying stay the 124A in interim.Chief Justice of India NV Ramana: Please wait. Judges discuss..Sr Adv Sibal: We never sought a stay of 124A. It only happened after they said they are re-examining Section 124A.Justice Kohli: We were confronted with this yesterday and we were only considering an arrangement for the interregnum. SG: We cannot undermine respect for judiciary..Senior Advocate Gopal S forwards a set of guidelines to the bench..The three-judge bench take a small break to deliberate on the issue in private..The set of guidelines submitted by Senior Advocate Gopal Sankaranarayanan on the effect of keeping Section 124A in abeyance..CJI: how many petitioners are in jail or before us. Senior Advocate CU Singh: One matter is by the accused and he was protected from arrest by this court. This is the case of journalist Kishorechand Wangkhem. It was said no accused is here.Sr Adv Sibal: 13,000 are in jail..CJI: Please share the order proceedings sheet in that case..CJI: We have considered the arguments. This is our order. It is clear that centre agrees that rigours of Section 124 A is not in tune with the current situation and it was intended for the time when country was under colonial law. Thus, centre may reconsider it. Court is to balance civil liberty and sovereignty of state. This is a difficult exercise. Petitioner says this law dates back to colonial date. AG also cited how 124 A is being misused during hanuman chalisa.It will be appropriate not to use this provision of law till further re-examination is over. We hope centre and state will desist from registering any FIR under 124 A or initiate proceeding under the same till re-examination is over..SC: Should such cases be registered, the parties are at liberty to approach court. The court to expeditiously dispose off the same..Chief Justice of India NV Ramana: It would be appropriate to put the provision on abeyance..SC: We hope and expect central government and states will refrain from registering any FIR, continuing investigation, or taking coercive steps under 124 A IPC when it is being reconsidered by the centre..SC: Centre shall be at liberty to issue directives proposed and placed before the court which can be issued to states to prevent misuse of 124A. Directions to continue till further orders. Sr Adv Kapil Sibal: Apologies If I was misunderstood earlier.SC: That's alright..Sr Adv Sibal: Much obliged, Your Lordship..Bench rises.

Sedition challenge: Hearing in Supreme Court [Live Updates]

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