[Sedition challenge] Individual instances of misuse not ground to reconsider Kedar Nath Singh: Central government to Supreme Court

The Central government has told the Supreme Court that the 1962 verdict of the top court in Kedar Nath Singh vs State of Bihar upholding validity of Section 124A of the Indian Penal Code (IPC) on sedition is binding on a 3-judge bench [SG Vombatkere vs Union of India]..The Kedar Nath Singh judgment of the Supreme Court which upheld the validity of Section 124A was rendered by a 5-judge Constitution bench. Therefore, a 3- judge bench cannot hear legal challenge to Constitutionality of Section 124A, a written note filed before the top court by Solicitor General Tushar Mehta said. The note further stated that Kedar Nath Singh judgement has stood the test of time and applied till date in tune with modern constitutional principles and only a bench of co-equal strength of Kedar Nath Singh can pose any doubts on the verdict.Thus, for reconsideration of Kedar Nath Singh, the matter will have to be referred to a bench of 5-judges or more, it was contended. Pertinently, the government submitted that individual instances of misuse of provision cannot be a ground for reconsideration of Kedar Nath Singh. .Instances of the abuse of provision would never be a justification to reconsider a binding judgment of the Constitution bench, it was submitted. "The remedy would lie in preventing such abuse on a case-to-case basis rather than doubting a long standing settled law declared by a constitution bench since about six decades," the written note said. .The Supreme Court is slated to hear on May 10, arguments on whether the petitions challenging validity of sedition under Section 124A has to be referred to a Constitution bench..Attorney General (AG) KK Venugopal had earlier defended before the Supreme Court the Constitutional validity of Section 124A and the 1962 judgment of the top court in Kedar Nath Singh v. State of Bihar.AG Venugopal said that the judgment in Kedar Nath Singh upholding the validity of Section 124A is a well-thought out one and needs to be upheld..The Court is hearing a batch petitions challenging the constitutionality of Section 124A.The Supreme Court had, while issuing notice in the matter in July 2021, questioned the Central government on whether the law was needed 75 years after independence.The Court had also sought the assistance of the Attorney General in the matter.The Central government is yet to file its response to the plea..The three-judge bench during last hearing, had deliberated on whether the matter needs to be referred to a larger bench since the petitions had prayed for overruling Kedar Nath."In every writ petition there is a prayer to strike down Kedarnath and strike down 124A. You have to pursue us that even after 5-judge bench in Kedar Nath judgment, we (3-judge bench) can proceed to hear this," said Justice Surya Kant."Can we proceed hearing this case without reference of Kedar Nath to larger bench," Justice Kant had asked.

[Sedition challenge] Individual instances of misuse not ground to reconsider Kedar Nath Singh: Central government to Supreme Court

Debayan Roy

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