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SC Puts Sedition Law On Hold, Asks Centre And States Not To Register Any FIRs Under Section 124A

The Supreme Court has placed the contentious sedition law on hold and directed the Centre and States not to file any FIRs under Section 124A of the Indian Penal Code. The Supreme Court has granted the Central government permission to re-examine and rethink the terms of Section 124A of the Indian Penal Code, which makes sedition a criminal offence. No case will be filed under 124A until the re-examination process is completed, according to the Supreme Court.

The Centre would submit a recommended drafting instruction during the revision of the sedition statute, according to Solicitor General Tushar Mehta.

In his submission, the Solicitor General told the Supreme Court that while it cannot prevent police from reporting a sedition-related offence, a FIR under Section 124A can only be filed if the area Superintendent of Police is convinced that the facts of the case entail a sedition offence.

“In terms of pending cases, we don’t know the severity of each one; there could be a terror element or money laundering involved. Finally, the pending cases are before the courts, and we must have faith in them “The Solicitor General stated.

The Supreme Court had sought the Centre’s position on the pending sedition cases on Tuesday.

The supreme court issued two questions after the central government agreed to re-examine the colonial-era law on Monday. The first concerns pending cases, while the second concerns how the government will handle future cases until they are reconsidered.

The Supreme Court agreed that only the government should review Section 124A of the Indian Penal Code (IPC).

The court, on the other hand, expressed concern about the continued abuse of the provision, suggesting that guidelines or a decision to put the sedition statute on hold until the review process is concluded.

The Centre had previously defended Section 124A, but in an affidavit filed on Monday, it stated that it had decided to “re-examine and reassess” the sedition statute, urging the Supreme Court not to “invest time” in re-examining its constitutionality.

A bench of Chief Justice of India NV Ramana, Justices Surya Kant and Hima Kohli is hearing the case.

Sedition Law Cases In India

Between 2015 and 2020, 356 cases of sedition were filed, with 548 people detained, according to the National Crime Records Bureau. During this six-year span, however, just 12 people jailed in seven sedition cases were convicted.

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