As SC puts sedition trials on hold, cases against Rana couple, Kangana likely to be impacted

The SC said on Wednesday that till the re-examination of Section 124A under IPC is complete, it will be appropriate not to use the provision.

Among such cases in Maharashtra is the one filed last month against couple Navneet Rana and Ravi Rana, booked for announcing that they will chant Hanuman Chalisa outside the private residence of Chief Minister Uddhav Thackeray in Mumbai. The two were granted bail by a special court on May 4, which observed that mere expression of derogatory or objectionable words was not sufficient ground to invoke the sedition charge.

The SC order may restrict the Mumbai Police from continuing investigation and filing a chargesheet under Section 124A against the couple. The two, however, also face charges under Section 153A (promoting enmity between different group), read with Section 34 (common intent) of the IPC, and sections of the Bombay Police Act.

Without Section 124A, the offences against the couple are triable by a magistrate’s court, as the maximum punishment is less than seven years. The maximum punishment under Section 124A is life imprisonment.

In another case, the Mumbai Police is yet to file a chargesheet against three students and others booked in 2020 on charges, including sedition, for allegedly raising a slogan in support of then JNU student Sharjeel Imam, also arrested for sedition by the Delhi Police. The three students have been granted anticipatory bail but the police have not so far filed a chargesheet, their lawyer said.

With the SC order, the police may have to continue its probe and file a chargesheet in connection to other sections that they have been booked for. These include sections 153 B (imputations, assertions prejudicial to national integration) and 505 (statements conducing to public mischief), read with 34. These are also triable by a magistrate, inviting punishment of less than seven years. A petition for quashing the FIR is pending before the Bombay High Court.

Also, in the case against actor Kangana Ranaut filed in 2020, a petition to quash the FIR on charges of sedition is pending before the HC. She also faces charges under sections 153 A and 295A (deliberate acts hurting religious sentiments) of the IPC, which are triable by a magistrate.

In the case against 15 accused in the Elgaar Parishad case, the National Investigation Agency had last year submitted draft charges against the accused, including those under Section 124A. The case is now at the stage of framing of charges.

If the usage of the section remains in abeyance as per the SC order, the court may have to exclude the framing of a sedition charge against the accused. They, however, will continue to face other charges under the Unlawful Activities (Prevention) Act and Section 121 (waging or attempting to wage a war or abetting) of IPC, which has a maximum term of death penalty.