Sedition law need not be revisited, government tells Supreme Court
2 years, 8 months ago

Sedition law need not be revisited, government tells Supreme Court

The Hindu  

A 1962 Constitution Bench judgment of the Supreme Court, which upheld the validity of the sedition law, “must be treated as a binding precedent” that has withstood the test of time, the Centre told the Supreme Court in a written note on Saturday. The note by the government, settled by Solicitor General Tushar Mehta and drafted by the Centre’s panel counsel Kanu Agrawal, said the Kedar Nath verdict is “good law” and needs no reconsideration. The Centre’s note comes amidst debate before a three-judge Bench led by Chief Justice of India N.V. Ramana on whether the sedition law in the background of what is said in the Kedar Nath verdict needs to be referred to a five or seven judge Bench for a relook. Editorial | Overdue review: On the sedition law The government said that in case the three-judge Bench wants to reconsider the ratio of the Kedar Nath judgment, it would be “absolutely necessary” for it to “first to record its satisfaction that the ratio in Kedar Nath Singh is so patently wrong that it needs reconsideration by a larger Bench”. Instead, Chief Justice Ramana’s three-judge Bench ought to refer the challenge to “a larger Bench for consideration whether Kedar Nath needs reconsideration”.

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