Supreme Court On Sedition: "We have to look at both sides," the Chief Justice said.
The Supreme Court today asked the government to reply by tomorrow on whether the sedition law can be paused and people charged under it can be protected while the colonial-era law is being reviewed. A day after the government said it had decided to review it, the Supreme Court expressed concern about those already facing sedition charges.
"We will give you time till tomorrow morning to take instructions from the government. Our concern is pending cases and future cases, how the government will take care of those till it re-examines the law," Chief Justice of India NV Ramana said.
"In order to protect the interest of people who are already booked under the sedition law as well as future cases, Centre to file response on whether those can be kept in abeyance till law is re-examined," the Chief Justice directed.
Earlier, the court asked the government tough questions on its request for more time in order to review the law and about incidents of misuse of the law.
"The state says they are reexamining. But we cannot be unreasonable. We will have to decide how much time has to be given," Chief Justice Ramana said.
"Can someone stay in jail for months? Your affidavit says civil liberties. How will you protect those liberties," the Chief Justice questioned.
The lawyer for the petitioners, Gopal Sankaranarayan, said it was becoming a "pattern" with the government to seek more time to delay important cases, referring to the marital rape hearing.
"We have to look at both sides," the Chief Justice said.
"When the affidavit says PM is cognizant and has often spoken about civil liberties and human rights and diversity of thoughts, 75 years of independence, outdated laws being scrapped, laws causing hindrance to people, concerned about civil liberties etc. They are saying they are doing a serious exercise. It should not appear that we are unreasonable. There are concerns about pending cases and misuse."
The CJI told Solicitor General Tushar Mehta, "The Attorney General himself mentioned in a previous hearing how a sedition case was filed in Maharashtra for reciting the Hanuman Chalisa." (a reference to the case filed against independent MP Navneet Rana)
CJI to Centre: The AG himself mentioned how a section case wa filed in Maharashtra for reciting the Hanuman Chalisa
Solicitor General Tushar Mehta said FIRs (First Information Reports) under the sedition law were executed by states, not the Centre.
One of the judges, Justice Surya Kant, suggested a moratorium on sedition cases.
"Mr Mehta take two-three months. The modification of law takes time. But why don't you issue a directive from the Centre about future cases," said the judge.
"We cannot say what will happen in future...these are penal offences. There has been no history where a penal law has been prevented from being used," the government's lawyer said.
"But you said states file FIRs. So you tell states that until matter is pending do not file sedition FIRs Justice, Justice Hima Kohli said.
The Solicitor General said there were judgements where Court advised not to be trigger happy about sedition FIRs. "So it does get addressed on case to case basis," said Mr Menta.
On Monday, two days after firmly defending the sedition law and asking the Supreme Court to dismiss challenges to it, the government said it had decided to review the legislation.
It said it has decided to "re-examine and re-consider" the sedition law by an "appropriate forum", in a change of stance just two days after stoutly defending the colonial era penal law, and also urged the Supreme Court not to "invest time" in examining the validity of its provisions once again.
In a new affidavit filed in the Supreme Court, the centre said, "In the spirit of Azadi ka Amrit Mahotsav (75 years of Independence) and the vision of PM Narendra Modi, the Government of India has decided to re-examine and reconsider the provisions of Section 124A, Sedition law."