In a significant development, the Supreme Court has temporarily suspended the 152-year-old sedition law while the Union government re-examines provisions of the same. The apex court has directed the Union government and the states to refrain from registering any new FIR, continuing any investigation, or taking any coercive steps under the sedition law. Proceedings in all pending cases have been stayed by the Supreme Court. This comes a day after the Union government said it is willing to re-examine provisions of the colonial law.
This means while no new cases can be filed under the sedition law, the trial in the existing cases has been paused. The apex court said that the appropriate move will be not to use this provision of law till further re-examination is over. “We hope the Centre and the State will desist from registering any FIRs under Section 124A or initiate proceeding under the same till rexamination is over,” the court said.
Earlier, during the hearing, the bench headed by Chief Justice NV Ramana was told by Solicitor General Tushar Mehta, appearing for the Union government that registration of FIRs for the offence of sedition cannot be prevented as the provision dealt with a cognisable offence and was upheld by a Constitution bench in 1962.
With regard to pending sedition cases, the Union government suggested that bail plea hearings in such matters may be expedited, as the government did not know the gravity of offence in each case and they may have “terror or money-laundering angles.”
"Ultimately, pending cases are before judicial forum and we need to trust courts," the law officer told the bench which also comprised justices Surya Kant and Hima Kohli.
On Tuesday, the bench had asked the Union government make its stand clear within 24 hours on keeping the pending sedition cases in abeyance to protect the interests of citizens already booked and not registering fresh cases till the government's re-examination of the colonial-era penal law is over.