Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

Sibal : Mahatma Gandhi said there is a difference between government and the state.

Sibal quotes Mahatma Gandhi : Affection cannot be manufacture. One should be free to express disaffection, so long as there is no incitement to violence. I hold it to be a virtue to be disaffected to the Govt.

Sibal quotes Nehru "This provision is obnoxious. The sooner we get rid of it, better. It should have no place"..

SG : What Nehru could not do then, we are trying to do now.

Sibal : You are saying the law is good.

Sibal : He is reiterating Kedar Nath. Kedar Nath is based on Federal Court judgments, which are based on pre-constitution. Pre-constitution, there is no difference between Govt and State. After we became a Republic, there is a difference between Govt and State.

SG reading his written submissions to say that Kedar Nath has struck a balance to ensure that 124A is not misused.

Justice Kant : Mr.Mehta, Kedar Nath the provision was melted down. In 2021 also. But at ground level, who is operating? The local police is operating. Unless you issue a direction, that you are reconisdering the provision and no cases be registered..

Sibal : No arrest should take place under Section 124A till reconsideration is over.

Justice Surya Kant : If something serious happens, there are other penal laws to take care. It is not like that enforcement agencies are helpless.

Sibal : SG mentioned 124 A mentions sovereignty and integrity of india, I want to ask him where? It doesn’t mention it. That’s 19(2)

SG : I’ll take instructions and discuss if guidelines could be made. In the Vinod Dua case, this Court did not go into a prayer for guidelines saying it was a matter for the legislature.

Justice Hima Kohli : As brother Justice Kant said, why don't you instruct the States to not proceed with the matter till the issue is under reconsideration.