Clear boundary demarcation, Lakshman Rekha should not be crossed: Law Minister Kiren Rijiju
Law Minister Kiren Rijiju said, "We've made our positions very clear and have informed the court about the intention of our Prime Minister."
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Law Minister Kiren Rijiju (File)Responding to the Supreme Court’s decision that effectively put all pending sedition cases in abeyance, Union Minister for Law and Justice Kiren Rijiju Wednesday invoked the “Lakshman Rekha” between the Executive and the Judiciary, and said no one should cross their “boundary”.
“We respect each other. The court should respect the government, the legislature… The government also should respect the court. We have a clear demarcation of boundary and that ‘Lakshman Rekha’ should not be crossed by anybody,” he said.
His remarks came after the Supreme Court bench led by Chief Justice of India N V Ramana, in its order, noted that “it is clear that the Union of India agrees with the prima facie opinion expressed by this Court that the rigours of Section 124A of IPC is not in tune with the current social milieu, and was intended for a time when this country was under the colonial regime.”
Rijiju also said that the intentions of Prime Minister Narendra Modi too had been conveyed to the Court on the sedition law. “We have to ensure that we respect the provisions of the Indian Constitution as well as existing laws,” he said.
Although the government told the Court that the Centre will review the law on sedition, Solicitor General Tushar Mehta opposed staying pending cases or preventing the registration of new FIRs under Section 124A of the Indian Penal Code that defines and penalises sedition.
“What your lordships can consider is, if there is a stage of bail application involving Section 124A IPC, the bail applications may be decided expeditiously,” Mehta said, arguing that some of the pending cases could be linked to terror or money laundering and that the Centre cannot prevent registering a case involving a cognisable offence.
However, the Court, in its order, said it would “hope and expect” that the State and Central Governments will restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of IPC while the aforesaid provision of law is under consideration.
“This Court is cognizant of the security interests and integrity of the State on one hand, and the civil liberties of citizens on the other. There is a requirement to balance both sets of considerations, which is a difficult exercise,” the Court added.
Incidentally, CJI Ramana had also invoked the theme of the “Lakshman Rekha” between the two institutions recently and “assured” governments that “the judiciary would never come in the way of governance if it is in accordance with law”.
“It is the harmonious and coordinated functioning among the three organs of the State that has preserved and strengthened the democratic foundations of this great nation over the last seven decades. While discharging our duties, we all must be mindful of the Lakshman Rekha. The judiciary would never come in the way of governance if it were in accordance with law. We share our anxiety and concern regarding the welfare of the people,” he said at the Joint Conference of Chief Ministers and Chief Justices inaugurated by Prime Minister Modi on April 30.
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