Explained: Why Supreme Court’s order virtually stalls operation of sedition law
By ruling that “ it will be appropriate not to continue ” with the offence of sedition till the government reviews the provision, the Supreme Court while testing the constitutionality of Section 124A of the Indian Penal Code has raised the bar for the government to invoke the provision. In effect, the law on sedition is suspended till the court hears the case next — in July. “The case of the petitioners is that this provision of law dates back to 1898, and pre-dates the Constitution itself, and is being misused. The Attorney General had also, on an earlier date of hearing, given some instances of glaring misuse of this provision, like in the case of recital of the Hanuman Chalisa. Therefore, we expect that, till the re-examination of the provision is complete, it will be appropriate not to continue the usage of the aforesaid provision of law by the governments,” the court said in its order. Although the court did not explicitly stay the provision — no criminal ...