[BREAKING] Sedition: Supreme Court orders Section 124A IPC to be kept in abeyance; asks Central government, States not to register new cases

In a landmark development, the Supreme Court of India on Tuesday asked the Central government and States to refrain from registering any cases for the offence of sedition under Section 124A of the Indian Penal Code [SG Vombatkere vs Union of India]..A bench of Chief Justice of India NV Ramana and Justices Surya Kant and Hima Kohli directed that proceedings under Section 124A be kept in abeyance till the government's exercise of reviewing Section 124A is complete.The bench also asked governments not to continue investigation or take coercive steps in all pending proceedings under the provision till the government's exercise is complete. "It is clear that Central government agrees that rigours of Section 124A is not in tune with the current situation and it was intended for the time when country was under colonial law. Thus, the Centre may reconsider it. It will be appropriate not to use this provision of law till further reexamination is over. We hope and expect Central government and States will refrain from registering any FIR, continuing investigation, or taking coercive steps under Section 124A IPC when it is being reconsidered by the Centre," the Court ordered. Should such cases be registered, the parties are at liberty to approach court and court has to expeditiously dispose of the same, the bench added. "It would be appropriate to put the provision in abeyance," the order further said. .It would be appropriate to put the provision in abeyance.Supreme Court .The Court was hearing a batch of petitions challenging the validity of the law. The matter will be heard again in the third week of July. .The Central government had earlier submitted an affidavit before the Court stating that it has decided to re-examine and reconsider Section 124A of the Indian Penal Code (IPC) which criminalises the offence of Sedition.It had, therefore, asked the Court to defer the hearing till the government takes a call. When the matter was heard on Tuesday, the Court had asked the Central government whether it can issue a direction to the States to keep in abeyance all pending sedition cases till the government's exercise of reviewing Section 124A is complete. When the case was taken up for hearing on Wednesday, Solicitor General Tushar Mehta told the Court that the Central government will issue direction to the States to scrupulously follow the order passed in Vinod Dua's case.As per the Vinod Dua judgment, cases under 124A be registered only when concerned Superintendent of Police give reasons in writing for the same and the same will be open to challenge in court, he said. "Once there is cognisable offence and it is held valid by constitution bench then staying the effect may not be correct course of action. that is why responsible officer must take responsibility. his satisfaction would be subject to judicial review before magistrate," SG Mehta submitted. He also said that when there is a bail plea under 124A, it may be decided expeditiously on merits. "Passing any other would be staying a statutory provision which is upheld by constitution bench," Mehta maintained. .Senior Counsel Kapil Sibal, appearing for the petitioners, objected to the same."This is wholly unacceptable to us. Entrusting a superintendent of police with responsibility is useless. If Section 124A is held as unconstitutional, then its the end," Sibal said.Justice Kant, however, made it clear that the Court is currently hearing only on the interim arrangement and not on the merits of the provision."Don't argue in the air. We are not hearing on merits. What is struck down? Are we doing it today," he demanded.Sibal then said that Section 124A has to be stayed in the interim."We were confronted with this yesterday and we were only considering an arrangement for the interregnum," Justice Hima Kohli observed.Senior Advocate Gopal Sankaranarayanan appearing for the petitioners submitted to the Court a set of guidelines to be followed while urging the court to keep the operation of Section 124A in abeyance.The bench then took time to deliberate the issue before passing its interim order.Read live updates from the hearing here..[Read suggestions submitted by Senior Advocate Gopal Sankaranarayanan below].[Read Order]