The sedition law came into full force in 1870. In 1973, under the Indira Gandhi government, it became a cognizable offence.
The Supreme Court on Wednesday asked the Centre and states to refrain from registering any FIRs under the contentious sedition law till the Central government re-examines and reconsiders the provisions of Section 124 A of the Indian Penal Court. The bench, headed by Chief Justice NV Ramana, also said that all pending cases, pleas and proceedings under the sedition law should be kept in abeyance. Although reliefs granted by the court will continue. It fixed the third week of July for hearing petitions against the sedition law. The Centre had filed an affidavit on Monday saying it wanted to reconsider the contentious provisions to prevent the misuse of the colonial-era law. On Tuesday, the court, while accepting the Centre's argument that it should be given a chance to re-examine the law before making any judicial pronouncement, had asked the government if it was willing to keep the pending sedition cases in abeyance to protect the interests of those already booked, and not register fresh cases under the law.
What is sedition law?
Section 124 A, according to the website Indiankanoon.org, states," Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in [India], shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. Explanation 1.—The expression “disaffection” includes disloyalty and all feelings of enmity. Explanation 2.—Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. Explanation 3.—Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section."
The sedition law came into full force in 1870. In 1973, under the Indira Gandhi government, it became a cognizable offence, which means a warrant is not needed to arrest an accused.
Several activists and journalists have been accused of sedition for making certain remarks. Recently, a BJP MLA and MP were arrested under sedition for threatening to play Hanuman Chalisa outside Maharashtra Chief Minister Uddhav Thackeray's house.
Last year, the Supreme Court had asked the Centre if the law was "still necessary after 75 years of Independence".
Between 2014 and 2019, 326 sedition cases were registered in the country. Charge sheets were filed in 141 cases but only 6 people were convicted.
The current case
The Supreme Court is currently trying to decide whether a three-judge bench or a five-judge bench should hear the petitions challenging the constitutionality of the law.
The Centre's affidavit had said it has decided to "re-examine and re-consider" the sedition law by an "appropriate forum", in a change of stance just two days after stoutly defending this law, and also urged the Supreme Court not to "invest time" in examining its validity once again.
The court said they don't want to be unreasonable if the Centre wants to do something about it.
"We are making it very clear. We want instructions (regarding the law to the states). We will give you time till tomorrow. Our specific queries are: one about pending cases and the second, as to how the government will take care of future cases....?" the court said.
On Wednesday, the Centre told the Supreme Court that an SP-rank officer can be made responsible for monitoring the registration of FIRs for sedition. With regard to pending sedition cases, the Centre suggested that hearing on bail pleas in such matters may be fast-tracked as the government did not know the gravity of offence in each case.
"Ultimately, pending cases are before judicial forum and we need to trust courts," the law officer told the bench.
The court, however, didn't accept the suggestions, and asked the Centre and the state to refrain from registering sedition cases until the government completes the re-examination process.
With inputs from PTI
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Several activists and journalists have been accused of sedition for making certain remarks.")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}