Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates
SG : As for future, But we don’t know what would be facts of future case. We don’t know gravity
I don’t think in the history of this country this court passed an order directing a penal provision not being used
CJI : We are not talking about all offences, just Section 124A
Justice Kant : You have used the word "appropriate forum" will reexamine. Why not the Central Govt through your Ministry issue a direction to States that matters under Section 124A IPC be kept in abeyance till the matter is under reconsideration.
CJI : One there are pending cases, and two there are people who are going to be booked. Please make your stand clear on this.
SG : I will get instructions.
CJI : One there are pending cases, and two there are people who are going to be booked. Please make your stand clear on this.
SG : I will get instructions.
CJI : We can’t ask everyone to go attend the courts and be in jail for fee months. When Govt itself has shown concerns about misuse how will you protect them?
We have to balance the people who are jailed and people who are going to be booked?
SG : The filing of FIRs and investigation are done by State Govts. Centre does not do.
SG : Whenever there is a misue, like the example given by the Attorney General, there are constitutional safeguards.
CJI : We should not appear that we are unreasonable. Now, there are concerns. One is cases whihc are pending. And misuse. AG other day said even for chanting Hanuman Chalisa sedition case was taken. How are we going to protect these issues?
Justice Kant: Noone can give a guarantee as to what Parliament would do.
CJI : The affidavit says the Prime Minister has been congizant of the issues relating to civil liberties and that he believes at a time of 75th year of independence, nation wants to shed colonial baggage including outdated colonial laws.
GS : There is another disturbing aspect...there is a pattern..when the privacy case argument was almost over, the Centre said they are setting up a committee..in marital rape case too similar...
SG : If we are to talk about patterns, I also have to say about patterns.
Sr Adv Gopal Shankaranarayanan submits that the affidavit of the Centre cannot speak for the Parliament. Refer to a quote from Sanjeev Coke judgment on that.