Supreme Court ruling on sedition law: High-profile cases to be impacted in Maharashtra

A three-judge Bench of the Supreme Court led by Chief Justice of India N V Ramana said that until the re-examination of Section 124A has been completed, it would be appropriate not to continue the use of the provision by governments.

The court said that it hoped and expected that the Centre and states would “refrain from registering any FIR, continuing investigation, or taking coercive steps under Section 124 A IPC when it is under reconsideration”.

Here are some of the cases to be impacted in Maharashtra.

The case against the Ranas

The case was filed last month against the Independent MP couple, who had declared their intention to recite the Hanuman Chalisa at the private residence of Chief Minister Uddhav Thackeray. The couple was given bail by a special court on May 4, which observed that mere expression of derogatory or objectionable words was not sufficient ground to invoke the sedition charge.

Wednesday’s Supreme Court order may stall the ongoing investigation by the Mumbai Police, and restrict them from filing a chargesheet under Section 124A against the couple.

However, the Ranas face charges under others sections too — and the police can continue investigations into them. These include Section 153A (promoting enmity between different groups) read with Section 34 (common intent) of the IPC and relevant sections of The Bombay Police Act, 1951.

The charges under sections other than 124A can be tried by a magistrate’s court as the maximum punishment under those sections is less than seven years in prison. The maximum punishment under Section 124A is life imprisonment.

Case against students related to slogans about Sharjeel Imam

The Mumbai Police are yet to file a chargesheet against three students and some others booked in 2020 under charges including sedition for allegedly raising a slogan in support of then JNU student Sharjeel Imam, who has been arrested on sedition charges by the Delhi Police. The three students have been granted anticipatory bail, their lawyer said.

Following Wednesday’s Supreme Court order, the police may have to file a chargesheet on sections other than 124A IPC under which they were booked. These include Sections 153B (imputations, assertions prejudicial to national integration), and 505 (statements conducing to public mischief) read with Section 34. These too are triable by a magistrate with punishment of less than seven years.

A petition seeking the quashing of the FIR is pending before the Bombay High Court, in which the Supreme Court order is now likely to be referred to.

Petition against Kangana Ranaut

In the case against actor Kangana Ranaut filed in 2020, too, a petition to quash the FIR on charges of sedition is pending before the Bombay High Court. She also faces other charges including under Sections 153A and 295A (deliberate acts hurting religious sentiments) of IPC which are triable by a magistrate.

Elgaar Parishad case

In the case against 15 persons in the Elgaar Parishad matter, the National Investigation Agency (NIA) last year submitted draft charges against the accused, which included section 124A. The case is at the stage of framing of charges.

They face other serious charges under the Unlawful Activities (Prevention) Act and Section 121 (waging or attempting to wage a war or abetting) of IPC, in which the maximum penalty is death.