Courts can hear pending sedition cases provided the accused have no objection: Supreme Court
The clarification comes four years after the top court, while hearing petitions challenging the sedition provision under IPC, had directed that “all pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC be kept in abeyance”
Taking note of the submissions, the SC clarified its May 2022 order. Four years after it directed that all pending trials, appeals and proceedings with respect to charges framed under IPC’s sedition law be kept in abeyance, the Supreme Court on Thursday allowed courts to proceed with hearing of pending cases provided the accused have no objection to the same.
A three-judge bench presided by Chief Justice of India Surya Kant said this while hearing a plea by Kamran, who was convicted in February 2017 under provisions of Unlawful Activities Prevention Act (UAPA), Arms Act and for sedition under Section 124A of the Indian Penal Code (IPC). He was sentenced to life imprisonment.
The counsel for the appellant, Kamran, told the bench, also comprising Justices Joymalya Bagchi and Vipul M Pancholi, that his appeal against conviction is pending before the Madhya Pradesh High Court and is not being heard because of the stay imposed by the top court.
Taking note of the submissions, the SC clarified its May 2022 order.
“The petitioner’s grievance is that he has no objection if his criminal appeal is heard in entirety, including with respect to the charge under Section 124A. That being so, we clarify para 8(d) of our interim order dated 11.05.2022…to the effect that wherever the accused has no objection against proceeding of the trial, appeal, or any other proceeding where he has been chargesheeted under Section 124A IPC also, there shall be no impediment for the Courts to decide such matters on merits and in accordance with law,” the bench said in its order.
The court clarified that it had not said anything on the merits of the case.
Hearing petitions challenging the sedition provision under IPC, the SC had, on May 11, 2022, directed that “all pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC be kept in abeyance. Adjudication with respect to other Sections, if any, could proceed if the Courts are of the opinion that no prejudice would be caused to the accused.”
With this order, the SC put on hold trial in all sedition cases pending before courts across the country until the government completes its promised exercise “to re-examine and re-consider the provisions of Section 124A of the IPC” dealing with the offence of sedition.
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