Misuse of sedition has been controlled; Judgment in Kedar Nath has to be upheld: Attorney General KK Venugopal to Supreme Court

The Supreme Court will hear on May 10 arguments on whether the petitions challenging validity of sedition under Section 124A of the Indian Penal Code (IPC) has to be referred to a Constitution Bench. .A three-judge Bench of Chief Justice of India NV Ramana and Justices Surya Kant and Hima Kohli said on Thursday that the matter will be take up at 2 pm on Tuesday next week, and the government and petitioners will be permitted to argue for an hour on the limited aspect of reference to a larger Bench. Importantly, Attorney General (AG) KK Venugopal 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. He also contended that the misuse of Section 124A has been brought under control. "Misuse of section has been controlled. But question of reference to larger bench does not arise as Kedar Nath judgment is a well balanced judgment. Judgment of Kedar Nath has to be upheld," he submitted. .The AG, however, said that there should be guidelines against misuse of the provision and highlighted the recent instance of Maharashtra government slapping sedition charges on law makers Navneet Rana and Ravi Rana over the Hanuman Chalisa row. "We need guidelines on this section - what is permissible and what is impermissible and what can come under sedition. See what is happening in this country. Yesterday sedition was charged against people who recited hanuma chalisa," the AG said. .See what is happening in this country. Yesterday sedition was charged against people who recited hanuma chalisa.AG KK Venugopal.Pertinently, Solicitor General (SG)Tushar Mehta said that it was not yet final whether the reply of the Central government would be similar than or different to the response of the Attorney General.The AG had said that since notice was issued to him as Attorney General, his stand may be different from that of the Central government."My reply will be an independent decision of the executive and a holistic one. It is not based on submissions made here," he had said.To this, the SG clarified, replying that the: "Centre's stand is yet to be filed and therefore he would not know whether stand is same or different." The Court was 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 today's hearing, 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 asked. .Senior Counsel Kapil Sibal submitted that many people are in jail due to the provision and it needs to be struck down since it was a law made by British to protect their rule in India."We are in free India and we are not serving any masters. Each day a journalist or someone else spends in jail due to this then how does it fair. We are not subjects of the crown anymore," he said.Sibal also said that Section 124A can be struck down even without overruling Kedar Nath. "Section 124A can be struck down after observing the sea change in law as well. Kedarnath case confuse between state and government. 124 concerns with state and Article 19 concerns with government," he submitted..[Read live account of the hearing below]

Misuse of sedition has been controlled; Judgment in Kedar Nath has to be upheld: Attorney General KK Venugopal to Supreme Court

Debayan Roy

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