The present order comes from a bunch of petitions that challenge the constitutional validity of the offence of sedition (Section 124A of the Indian Penal Code (IPC), 1860). Recently, the Union Government altered its stand on the offence and submitted that it will reconsider the provision and, therefore, requested more time from the Court.
An interim order was passed by the Supreme Court stating that the provision must be suspended while the provision is being reconsidered.
Can Section 124A (offence of sedition) be suspended until the provision is reexamined by the Union Government?
The Supreme Court in its order recently observed that Section 124A of IPC shall be suspended while it is being reconsidered by the Union Government. The Court has urged both centre and state governments to refrain from filing FIRs under Section 124A.
Furthermore, the Court has observed that parties of all cases pending under the provision, including appeals, shall have the liberty to approach the court of the relevant jurisdiction and file an application for bail. The order has also requested the courts to take into consideration the present order while examining the relief sought by the applicant.
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION
WRIT PETITION(C) No.682 OF 2021
S.G. VOMBATKERE … PETITIONER
Versus
UNION OF INDIA … RESPONDENT
WITH
WRIT PETITION(C) No.552 OF 2021
WRIT PETITION(C) No.773 OF 2021
WRIT PETITION(C) No.1181 OF 2021
WRIT PETITION(Crl.) No.304 OF 2021
WRIT PETITION(C) No.1381 OF 2021
WRIT PETITION(Crl.) No.307 OF 2021
WRIT PETITION(Crl.) No.498 OF 2021
WRIT PETITION(Crl.) No.106 OF 2021
O R D E R
1. These petitions are filed challenging the Constitutionality of Section 124 A of the Indian Penal Code 1860 (hereinafter IPC) relating to the offence of Sedition.
2. Having heard learned Senior counsel appearing for the parties and perusing the documents available on record, we may observe that this matter was listed for the first time on 15.07.2021. Thereinafter, this Court, after hearing the parties, issued notice on 27.04.2022. When this matter was next taken up, learned Solicitor General of India prayed for additional time of 2 to 3 days for filing of counter-affidavit. Accordingly, time was granted till the end of the week for filing counter-affidavit. Again, the matter was listed on 05.05.2022, wherein the Solicitor General again sought additional time to file a counter affidavit. On that date, this Court while granting the Solicitor General time to file counter affidavit, directed the parties to file their written submissions on the preliminary issue of the necessity of reference to a larger bench prior to the next date of hearing.
3. Accordingly, on 07.05.2022, written submissions were filed on behalf of Solicitor General of India.
4. On 09.05.2022, an affidavit was filed on behalf of Union of India, averring as under:
Download complete judgement by clicking on the button given below >>
The IPC Section 124A says, “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India shall be punished with [imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”
The gravity of the offence cannot be challenged. It is a cognizable and non-bailable offence. While the Supreme Court might have urged the Centre and the State to refrain from filing FIRs under the Section, it is quite likely that people will still be charged and cases will be registered. As stated in the order, however, the accused shall have the option to move to the court of the relevant jurisdiction and file a bail application. 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.
676+ Lawyers are online 
