NEW DELHI, Sept. 12: Brushing aside the Centre’s plea, the Supreme Court on Tuesday referred to a five-judge Constitution Bench the petition challenging the validity of Section 124A (sedition law) of the Indian Penal Code.
A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud said a prospective new law to replace IPC will not change the fact that there are numerous pending criminal proceedings under Section 124A.
Section 124A is part of the IPC. Its use had been kept in abeyance since May, 2022, following a Supreme Court order which had given the government time for a re-look at the sedition law.
Though the Bharatiya Nyaya Sanhita Bill does not explicitly have a Section 124A in it, it has Section 150. This proposed provision in the new Bill avoids using the term ‘sedition’, but describes the offence as “endangering sovereignty, unity and integrity of India.”
The Attorney General Tushar Mehta appearing on behalf of the Centre had requested the bench to defer the hearing on the case till the new law BNS come into force. The court, however, disagreed pointing out that the new law whenever enforced would not have any retrospective effect and therefore the existing criminal proceedings under Section 124A would continue despite a new law.
The Court rejected the government’s request to defer the case against Section 124A until the fate of the new Bill, currently before a parliamentary standing committee, is known.
(Manas Dasgupta)