‘From Kashmir to Kerala and from Punjab to North East, sedition law is need of hour,’ says Law Commission Chairman
2 min read 28 Jun 2023, 02:51 PM ISTLaw Commission of India Chairman Justice Rituraj Awasthi supports the implementation of the sedition law, stating it is necessary for the integrity of the country.
PremiumThe Law Commission of India Chairman Justice Rituraj Awasthi has vigorously supported the idea of the implementation of the sedition law. In an interview with ANI news agency, he said the Law Commission of India has examined the usage of law and that it is much needed to see the current condition of the country.
"From Kashmir to Kerala and from Punjab to North East, if you see the situation, you'll see it's required for the integrity of the country", he added.
The Law Commission of India recently in its report submitted to Law Ministry recommended that Section 124A of the IPC dealing with Sedition needs to be retained in the Indian Penal Code, through certain amendments.
He said they have recommended that the scheme of punishment provided under the said section be amended to ensure that it is brought in parity with the other offences under Chapter VI of IPC, stated the Law Commission report.
Moreover, cognizant of the views regarding the misuse of Section 124A, the Commission recommends that model guidelines curbing the same be issued by the Central Government. In this context, it is also alternatively suggested that a provision analogous to Section 196(3) of the Code of Criminal Procedure, 1973 (CrPC) may be incorporated as a proviso to Section 154 of CrPC, which would provide the requisite procedural safeguard before the filing of an FIR with respect to an offence under Section 124A of IPC, said Law Commission in its report to Law Ministry.
The constitutionality of Section 124A of IPC was challenged before the Supreme Court. The Union of India assured the Supreme Court that it was re-examining Section 124A and the Court may not invest its valuable time in doing the same. Pursuant to the same and vide order passed on May 11, 2022, the Supreme Court directed the Central Government and all the State Governments to refrain from registering any FIR or taking any coercive measures, while suspending all continuing investigations in relation to Section 124A.
Further, it also directed that all pending trials, appeals, and proceedings be kept in abeyance.
