Supreme Court asked the Centre if it could take instructions on whether the laws on sedition could be kept in abeyance till the reconsideration of the colonial-era law takes place. The bench led by Chief Justice of India NV Ramana also asked the Centre how long it would take to complete the exercise of reconsideration and reexamining the laws on sedition.
The top court's comments came on the Centre's request to halt the hearing to scrap sedition laws since the Executive has initiated the process to reconsider the colonial era law.
Tell us what will happen to pending cases and how will you deal with future cases, the bench led by Chief Justice of India NV Ramana said. To this, Solicitor General Tushar Mehta said that the process at the Executive-level has begun but it would be difficult to put a pin on a definitive time frame.
On May 9, a day before the Supreme Court was slated to hear arguments on whether its 1962 Kedar Nath verdict needed reconsideration, the Centre filed an affidavit submitting that it was willing to re-examine and re-consider sedition laws and that the Supreme Court need not waste time examining the validity of the same.
On Tuesday, barely hours before the Supreme Court was to commence the sedition hearing, the petitioners filed a plea saying that if the Centre's request was granted, then section 124a of the Indian Penal Code – which deals with sedition, must be kept in abeyance, and there should be a stay on FIRs invoking this penal provision.
Also Read: Will Re-Examine Laws on Sedition: Centre to Supreme Court
Can you put sedition laws in abeyance till conclusion of reconsideration exercise: SC
The Supreme Court's primary concern on Tuesday was on the fate of pending cases and future cases if any while the Centre undertook the exercise to relook and re-examine laws on sedition.
"When the state is saying they are examining something, it appears we should not consider it. Let us see how much (time) they will take. We will decide it," Chief Justice of India NV Ramana said. "It should not appear that we are unreasonable," the top judge added.
CJI Ramana told Solicitor General Tushar Mehta that there were concerns about misuse of the sedition law. "The Attorney General himself had said chanting Hanuman Chalisa is leading to such cases," the CJI said making a veiled reference to the Navneet Rana case where the independent MP was arrested on sedition charges after she announced her intent to recite the Hanuman Chalisa outside Maharashtra CM Uddhav Thackerey's house.
To this, Mehta said that investigation and prosecution were in the state's domain and the Centre had no role to play in this. The laws on sedition could not be put in abeyance as that would prove to be a hazardous move. We cannot predict the type of offences that will take place in future, he said.
"I don't think in the history of the country that a penal law has not been permitted to be used," Mehta said.
"The filing of the FIRs and the investigation is by the state government. The first limb of 124A is to protect sovereignty and integrity of the nation. Tomorrow someone can say this part of India is not a part anymore. When there is misuse there are constitutional remedies," Mehta added.
"But we cannot tell the party that okay be in jail for some time. In the affidavit itself it is said that misuse is there, how will you address is this?" CJI Ramana pressed.
Justices Surya Kant and Hima Kohli asked the Centre whether it could issue a communication to all the states
"Why as a Centre don't you indicate to the states that since you are applying your mind to it (reconsidering the law), not to take action under sedition law," Justice Kohli added.
Senior advocate Kapil Sibal, arguing for all the petitioners, said that according to the constitution, it was the prerogative of the judiciary to reconsider the correctness of a law. Sibal pointed out that the fate of ongoing prosecutions was in balance. It must be decided, there are arrests taking place on a daily basis, he added.
At the conclusion of the hearing, Mehta agreed to take instruction on guidelines for use of sedition, what will happen to pending cases and what steps will be taken for future cases if any.
The top court will now hear the matter on Wednesday.
Also Read: No Need To Reconsider Judgment On Sedition: Centre Tells SC