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SC takes note of Centre's positive suggestions, expects no person will file FIR for sedition

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

Reported by: Devendra Parashar @DParashar17 New Delhi Published : May 12, 2022 14:10 IST, Updated : May 12, 2022 19:38 IST
Supreme Court
Image Source : PTI/FILE

Supreme Court

The Supreme Court on Wednesday (May 11) put on hold the colonial-era sedition law till the Centre completes its review of the contentious law. A bench headed by Chief Justice of India N V Ramana asked all the trials, and proceedings under this law to be kept in abeyance till the process 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 closer look at the order reveals that the top court took note of the Centre's positive suggestions. 

The Supreme Court, in its order, stated that it 'expects' that no person 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 following order. Thus, the order is passed based upon the stand of 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 prevent any misuse of sedition law. The court has accepted the same proposed draft in toto as mentioned in clause [e]".

'Historic decision by Modi govt'

The Modi government took a "historic" decision to correct the blunder of previous Congress governments, the BJP said and alleged that other parties have abused the sedition law when in power.

Party spokesperson Nalin Kohli noted that the Modi government has so far removed over 1,500 archaic and obsolete laws and over 25,000 compliances to make citizens' lives easier.

The Solicitor General, keeping in mind other serious cases where sedition can be one of the offences alongwith other serious offence, had pointed out that other such cases where other offences are also involved should be allowed to proceed. This request of the Solicitor General is also accepted.

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

In an exclusive letter, which is in possession of India TV, to the states, Ajay Kumar Bhalla, Home Secretary has also highlighted the same.

ALSO READ: From Disha Ravi to Arundhati, Supreme Court sedition law stay to impact several high-profile cases

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