Sedition | Courts Can Proceed With Trials/Appeals Involving S.124A IPC If Accused Doesn't Object : Supreme Court Clarifies

The Supreme Court on Thursday clarified that Courts can proceed with trials or appeals relating to the offence of sedition (Section 124A of the Indian Penal Code) if the accused has no objection to it.

The Court clarified that its May 2022 order passed in the SG Vombatkere case, which, while keeping the erstwhile sedition law in abeyance, had also stayed all trials and proceedings relating to Section 124A IPC.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi passed the order today in the case of an accused who has been in jail for 17 years and whose criminal appeal is pending before the MP High Court.

Briefly put, the petitioner was convicted by the Sessions Court vide judgment dated 27.02.2017 under Sections 122, 124A, 153A IPC read with Section 10B(ii) and 13(1)(ab), 13(2) UAPA and Section 25(1B)(a) of the Arms Act. He, along with co-accused, was sentenced to undergo life imprisonment.

He filed a criminal appeal before the Madhya Pradesh High Court, which is pending before a Division Bench. The High Court kept the appeal pending, seemingly in view of the Supreme Court's order to keep proceedings involving the sedition offence in abeyance.   

In this backdrop, the Supreme Court  passed the following order -

"The petitioner's grievance is that he has no objection if his criminal appeal is heard in entirety, including with respect to the charge under Section 124A. That being so, we clarify para 8(d) of our interim order dated 11.05.2022 passed in...to the effect that wherever the accused has no objection against proceeding of the trial, appeal, or any other proceeding where he has been chargesheeted under Section 124A IPC also, there shall be no impediment for the Courts to decide such matters on merits and in accordance with law."

The Court requested the MP High Court to take up the petitioner's appeal, alongwith connected appeals, and decide the same on merits. It added that it had no expressed anything on the merits of the case.

Senior Advocate Trideep Pais appeared for the petitioner.

Case Title: KAMRAN Versus STATE OF MADHYA PRADESH, Diary No. 16320-2026