Pinnacle court takes note of Union’s positive suggestions, expects nobody will file FIR for sedition



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12-05-2022

While the opposition targeted the Modi government over the apex court's decision saying that the SC has stayed the provisions of sedition, a better look at the order reveals that the highest court took note of the Centre's positive suggestions.

The Supreme Court on Wednesday (May 11) placed on hold the colonial-era sedition law till the Centre completes its review of the contentious law. A bench headed by jurist of India N V Ramana asked all the trials, and proceedings under this law to be kept abeyant till the method is completed. While the opposition targeted the Modi government over the apex court's decision saying that the SC has stayed the provisions of sedition, a better take a look at the order reveals that the highest court took note of the Centre's positive suggestions.

The Supreme Court, in its order, stated that it 'expects' that no one will file FIR for sedition using Sec 124A till Central Government decides. 

Para 8 of the order which contains the Supreme Court's directions categorically records as under:

"In view of the clear stand taken by the Union of India, we deem it appropriate to pass the subsequent order. Thus, the order is passed based upon the stand of the Union of India only. The Central Government has placed a draft of proposed directives before the Hon'ble Supreme Court which MHA will issue to the State Governments to stop any misuse of sedition law. The court has accepted the identical proposed draft in toto as mentioned in clause [e]".

The law officer, keeping in mind other serious cases where sedition may be one in every of the offences together with other serious offences, had noted that other such cases where other offences also are involved should be allowed to proceed. This request of the peace officer is additionally accepted.

In other words, in cases like urban naxal case [Bhima-Koregaon Case], Sharjeel Imam‟s case, etc. where other offences also are charged over and above the sedition are permitted to continue by the Supreme Court.