Sedition Law: The Supreme Court is hearing the plea today.
Two days after firmly defending the country's colonial-era sedition law and asking the Supreme Court to dismiss the pleas challenging it, the government on Monday did an about-face, saying it has decided to review the legislation. The Supreme Court is hearing the plea today.
The Centre on Monday 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."
Here are Highlights on Supreme Court's Hearing On Sedition:
Sedition Hearing In Supreme Court LIVE Updates
Centre to file its reply by tomorrow.
Sedition Hearing In Supreme Court LIVE Updates
In order to protect the interest of people who are already booked under sedition law as well as future cases. Centre to file response on whether those can be kept in abeyance till law is re-examined.
Sedition Hearing In Supreme Court LIVE Updates
Chief Justice Of India to Centre: We will give you time till tom morning to take instructions from government. Our concern is pending cases and future cases. How will the government take care of these till it re-examines the law.
Sedition Hearing In Supreme Court LIVE Updates
Kapil Sibal: Disaffection of government does not count as sedition. There is a difference between government and state.
Sedition Hearing In Supreme Court LIVE Updates
Justice Surya Kant: Judgements are delivered. The question is on ground level who is operating the law. Local police is. Unless we say that till we examine the law you do not impose the sedition law.
Sedition Hearing In Supreme Court LIVE Updates
Kapil Sibal for Petitioner: This has nothing to do with integrity of nation. It is all about disaffection with state. No arrest should take place under sedition until matter is sorted
Sedition Hearing In Supreme Court LIVE Updates
Justice Surya Kant: Mr Mehta take 2-3 months...modification of law takes time. But why don't you issue a directive from Centre about future cases
Solicitor General of India: 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.
Justice Hima Kohli: But you said states file FIRs. So you tell states that until matter is pending that do not file sedition FIRs
Justice Surya Kant: There are many other penal laws too that can take care of things in case something happens
Solicitor General of India: There are judgements where Court says that do not be trigger happy abt sedition FIRs. So it does get addressed on case to case basis
Solicitor General of India: Give us time to respond till tomorrow . We will come back with response.
Sedition Hearing In Supreme Court LIVE Updates
Solicitor General of India: Lodging of FIRs is done by states and not by Centre
Chief Justice Of India: But can someone stay in jail for months
Chief Justice Of India: Your affidavit says civil liberties. How will you protect those liberties
Solicitor General of India: When cases are wrong they reach Courts and Court sets things right. But sometimes things can also be seditious
Chief Justice Of India: We have to balance also. There are people who are in jails. Even future cases. Please make your stand clear on that
Sedition Hearing In Supreme Court LIVE Updates
Chief Justice Of India: As far as Gopal Sankarnarayan is concerned. We have to look at both sides. when the affidavit says "PM is cognizant and has often spoken abt civil liberties and human right and diversity of thoughts...75 years of independence...outdated laws being scrapeed...laws causing hindrance to PPL...Govt is fully cognizant...concerned abt civil liberties" etc 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 AG mentioned Hanuman Chalisa sedition case. How are we going to protect this all?
Sedition Hearing In Supreme Court LIVE Updates
Chief Justice Of India: State says they are re-examining. But we cannot be unreasonable. We will have to decide how much time to be given.
Kabil Sibal intervenes to say people being arrested on daily basis.
Sedition Hearing In Supreme Court LIVE Updates
Solicitor General of India: I had intimated the SC that the govt's stand would come in the affidavit
Chief Justice Of India: How long will it take for you to reconsider
Solicitor General of India: I may not be able to give accurate reply. But process has started. You may have seen the tenor and spirit of the affidavit . Application of mind has been done.
Sedition Hearing In Supreme Court LIVE Updates
Kapil Sibal for petitioner: We(this court) cannot wait for what they will do
Chief Justice Of India: We issued notices long ago. 8-9 months ago. Earlier you said no need to refer to larger bench. Now you say will reconsider. How long will it take?
Solicitor General of India: As far as past notices are concerned. The pleas challenging the law in entirety are recent.
Sedition Hearing In Supreme Court LIVE Updates
Solicitor General of India: We have filed our plea
Chief Justice Of India: You are saying you will reconsider?
Solicitor General of India: Yes we will since issues like integrity of nation are at stake
Kapil Sibal for petitioner: It is for legislature to decide whether its constitutional or not. But the process may take 6-8 months. They are entitled to frame laws. But that cannot await the judiciary's process. The Lordship should not wait for them