Supreme Court stays the Sedition Law until its further reexamination

May 11, 2022

In a crucial development today, the Supreme Court has ordered that the sedition law, as stated under Section 124A of the Indian Penal Code (IPC), 1860, be temporarily suspended until its further reexamination and review. The historic order is directed after the hearing of several petitions in the cases of S.G. Vombatkere v. Union of India (WPC 682/2021) and Editors Guild of India & Anr. v. Union of India & Ors. (WPC 552/2021) that were filed for challenging the constitutional validity of the sedition law. A Special Bench of CJI NV Ramana, Justice Surya Kant, and Justice Hima Kohli has urged both the centre and the state to refrain from filing FIRs under the offence of sedition (Section 124A) while the provision is being reexamined by the Union Government. The Court has further held that all pending cases, including all appeals and proceedings, filed under Section 124A shall be suspended for the time being. Moreover, persons already charged under the provision can approach relevant courts and file an application for bail. If any fresh case is registered, the parties are at liberty to approach the relevant court for relief. In such a case, the bench has requested the courts to examine the relief sought while taking into consideration this order.

How can a Lawyer help you?

While the Supreme Court has urged the Centre and the State to not file FIRs under Section 124A, it is still likely that cases will be registered. However, as stated in the abovementioned order, the accused shall have the option to approach a court of the relevant jurisdiction and file an application for bail. In such cases, it is extremely necessary to engage the services of an expert criminal lawyer who is well-versed with the provisions of bail as stated under the Code of Criminal Procedure (CrPC) and can secure a bail order for you. The offence of sedition is grave. Earlier, CJI NV Ramana had remarked that “ if we go see the history of charging of this section, the enormous power of this section can be compared to a carpenter being given a saw to make an item, using it to cut the entire forest instead of a tree.”