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

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5 May 2022 5:35 AM GMT

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

    A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli has taken up the petitions challenging Section 124A IPC.While issuing notice on the petitions in July 2021, the CJI had orally made critical remarks against the provision."Is it still necessary to retain this colonial law which the British used to suppress Gandhi, Tilak etc., even after 75 years...

    A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli has taken up the petitions challenging Section 124A IPC.

    While issuing notice on the petitions in July 2021, the CJI had orally made critical remarks against the provision.

    "Is it still necessary to retain this colonial law which the British used to suppress Gandhi, Tilak etc., even after 75 years of independence?", the CJI had asked the Attorney General for India.

    "If we go see history of charging of this section, the enormous power of this section can be compared to a carpenter being given a saw to make an item, uses it to cut the entire forest instead of a tree. That's the effect of this provision", the CJI said.

    In April 2021, another bench led by Justice UU Lalit had issued notice on a petition filed by two journalists challenging Section 124A IPC. A Petition filed by journalists Patricia Mukhim and Anuradha Bhasin on the same issue is also pending.

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    2022-05-05 05:35:06
    • 5 May 2022 6:00 AM GMT

      Sibal: yes. But it’s been delayed a lot

      Shankaranaaraayan. In Puttaswamy also next day a 9 bench was constituted next day and heard

      Bench to AG: even to consider your contention that 124A is not a bad law 

    • 5 May 2022 5:56 AM GMT

      Bench: we’re assuming, we have thought processing going on. Assuming CJI decided to constitute larger bench, we need not go into this question. Then we can take the merits directly

      Justice Kant: Then we’ll have to decide, Post kedar nath, does this provision sustain or is liable to be struck down. Straightway we’ll start on merits then. 

    • 5 May 2022 5:52 AM GMT

      Sibal: RC cooper, maneka gandhi, puttaswamy etc is not necessary, you don’t have to go to 19(1) a, you have laid down specific tests

    • 5 May 2022 5:51 AM GMT

      Sibal: De hors that this law is per se unconstitutional. Right to protest is fundamental right

      Bench; We don’t want to examine legality of 124A we will hear you on that. We need to see what bench composition we need to see in.

    • 5 May 2022 5:50 AM GMT

      Bench: subsequent development may lead into turning 124 bad, it doesn’t cast duty on 3 judge bench as part of judicial propriety to ignore 5 judge bench and decide. You’ve to confine to later aspect

    • 5 May 2022 5:48 AM GMT

      Sibal; if I’m unable to pursue you can strike down without going to kedar nath as a change in law, you can then refer it the prayer is there. 

    • 5 May 2022 5:48 AM GMT

      Bench: how many of you are seeking referral?

      Many, but in the alternative

      J Kant: in every petition there’s prayer to reconsider Kedar Nath

    • 5 May 2022 5:47 AM GMT

      Sibal: You should have done that by now, you’ve had this petition for more than 6 month.

    • 5 May 2022 5:47 AM GMT

      Sibal: if your lordships doesn’t agree with my submissions you may refer it later

      SG: we can file our replies by tomorrow and you can have it on Monday. No prejudice will be caused to anyone

    • 5 May 2022 5:45 AM GMT

      CJI: We’ll give time to you to file counter. But we’ll hear Sibal on reference issue

      SG: Subject to my nature of discussion, it wouldn’t be subject to petition, it will have no bearing on what they argue. Subject to what happens after discussion, i may urge whats being urged that it may not be possible. Them giving up prayer may not be ground

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    #Sedition#Supreme Court#Section 124 IPC
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