SC to government: Put sedition law on hold till review

New Delhi: Putting the ball back in the Narendra Modi government’s court, the Supreme Court on Tuesday asked the Centre if lodging of sedition cases under Section 124A Indian Penal Code could be put in abeyance till the re-examination of the colonial-era law. Giving time to the Centre to respond on “specific issues” -- putting the sedition law in abeyance and protecting the rights of those already charged under it -- Chief Justice N.V. Ramana, heading a bench also comprising Justices Surya Kant and Hima Kohli, adjourned the hearing and posted the matter for May 11. At which, Justice Hima Kohli said: “That is why we are telling why you, as the Central government, don’t indicate to the states that since you are applying your mind to it, not to take action under the sedition law.” The court, that was to decide whether a three-judge or five-judge bench should hear the batch of pleas challenging the validity of the sedition law, took note of the Centre’s fresh stand that it wanted to “re-examine and reconsider” it. At the start of the hearing, referring to the Central government’s decision to “re-examine and reconsider” the sedition law, the solicitor-general urged the court to defer its hearing till the reconsideration process was over. As senior advocate Kapil Sibal opposed Mr Mehta’s request, Chief Justice Ramana, reading from the Central government’s affidavit filed on May 9, said: “They are doing a serious exercise it should not appear that we are unreasonable.” Referring to the Centre’s affidavit stating its decision to “re-examine and reconsider” the colonial-era law, senior lawyer Gopal Sankaranarayanan said it was part of a disturbing trend where there was a change in the position of the government just before crucial hearings and mentioned the instance of the right to privacy.