BREAKING| Supreme Court Posts Pleas Challenging Section 124A IPC Criminalizing Sedition For Final Hearing On May 5

The Supreme Court on Wednesday posted to May 5 for final hearing the petitions challenging the constitutional validity of the offence of sedition under Section 124A of the Indian Penal Code.A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli was considering two writ petitions filed by Army veteran Major-General SG Vombatkere (Retired) and the Editors Guild of India respectively.Solicitor General of India Mr.Tushar Mehta submitted that the Central Government's counter-affidavit is ready and can be filed within two days. The bench posted the matter for final disposal on May 5, after directing the Centre to file its affidavit by the end of this week. The reply to the affidavit should be filed by next Tuesday. No further adjournment will be granted, the bench said. "We'll have hearing on May 5th. No adjournment, we'll have full day hearings", CJI Ramana said.Senior Advocate Kapil Sibal appeared for the petitioners. Senior Advocate Sanjay Parikh mentioned a petition filed by Peoples Union for Civil Liberties (PUCL) which has not been listed. Senior Advocate Vrinda Grover mentioned a Petition filed by journalists Patricia Mukhim and Anuradha Bhasin, which was also not listed.The CJI asked if it was necessary to multiply the petitions on the same point of law and delay the matter. Mr. Parikh submitted that he will assist Mr.Sibal in the lead case and will not multiply the submissions.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 had 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. Case Title: S.G. VOMBATKERE vs UNION OF INDIA ( WPC 682/2021) EDITORS GUILD OF INDIA AND ANR. vs UNION OF INDIA AND ORS. (WPC 552/2021) Click Here To Read/Download Order

BREAKING| Supreme Court Posts Pleas Challenging Section 124A IPC Criminalizing Sedition For Final Hearing On May 5

Srishti Ojha

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