Legal eagles weigh in on SC’s sedition order

NEW DELHI: The Supreme Court has observed that all pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC (sedition) should be in abeyance until Centre reconsiders the legal provision.

The top court said if a fresh case is registered under the IPC provision, the affected parties are at liberty to approach the courts for relief. It said that the courts would examine the relief sought taking into account the present order as well as the clear stand taken by the Union of India.

Senior advocate Sanjay Hegde said an anachronism from pre-Independence times, which survived constitutional scrutiny in the early years of the Supreme Court, is now being tested against a Constitution that has evolved with the experience of many years.

“I hope the Supreme Court pause is only the beginning of the process of getting rid of it altogether. The government would be well advised not to look to salvage the law, but to completely abolish it,” said Hegde.

Salman Waris, managing partner of Delhi-based law firm TechLegis Advocates & Solicitors said effectively, the order meant that no further FIRs could be registered or investigation conducted, or any coercive steps taken under Section 124 A IPC. “The section cannot be invoked during the pendency of the re-examination exercise.”

“However, those who have currently already been booked under Section 124A IPC and are in jail, the apex court has given them liberty to approach the courts for bail,” he said. On the other hand, Alok Prasanna Kumar, co-founder and team lead Vidhi Centre for Legal Policy, said the provision remains alive and in the statute book.

“It’ll make it a little easier for those with access to lawyers to get bail. Those who have neither means nor lawyers, but in jail because of Section 124A will continue to be in jail. The court has only ‘requested’ and not passed any directions. Nothing is binding on the police,” he said.

Bharat Chugh, former judge, advocate Supreme Court, said there is a measure of relief as, even in new cases, obtaining bail would be rather easy. “This message would percolate down to all courts in the country. It is hoped that they would liberally grant bail to such accused in line with the letter and spirit of the Supreme Court order,” he said.

‘Will protect liberty’
This is a salutary order and would go a long way in protecting personal liberty and freedom of speech and expression, said Bharat Chugh.