NEW DELHI: The Supreme Court, which received a number of petitions that are challenging the constitutional validity of Section 124A of IPC dealing with the offense of sedition law will first decide to fix the next hearing on May 10.
Hearing the matter Thursday, SC pointed out this is because there is already a decision of its Constitution Bench in the year 1962 which while upholding the legal validity of Section 124A of IPC provision attempted to restrict its scope for misuse by demarcating the difference between what acts amounted to sedition and what did not.
A three-judge bench presided by Chief Justice of India N V Ramana decided to fix the next hearing on May 10 to hear arguments on the question of reference.
The bench also comprised Justices Surya Kant and Hima Kohli.
They asked the petitioners and the Centre to file their written arguments on the point by May 7. Attorney General KK Venugopal, who is assisting the court, said that the 1962 ruling in Kedar Nath Singh vs the State of Bihar is the correct law on the subject and that it need not be sent to any larger bench.
Venugopal referred to the slapping of sedition charges on an MLA and her husband over the ‘Hanuman Chalisa’ row in Maharashtra and said that guidelines to prevent misuse of the provision should be laid down.
The petitioners had prayed in their petitions that the Kedar Nath Singh ruling requires reconsideration.
Thursday, Senior Advocate Kapil Sibal appearing for the petitioners said he will not insist on this prayer and said the provision can be struck down without referring to a larger bench.
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Also. Read – https://indianlawinfo.in/grishma-vekariya-murder-case-fenil-goyani-sentenced-to-death/
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