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Supreme Court today while hearing a plea challenging Section 124A Sedition, issued notice to the Centre, agreed to hear the matter along with earlier plea by Editors Guild of India. Court while hearing the matter also said that the conviction rate under the said section is very low and is potentially misused for suppressing voices;

“If some party does not want to hear the voice of other party, they may very well use this type of law to falsely implicate. It is a serious question for individuals.”

A Full Judge bench of CJI Ramana, Justice AS Bopanna and Justice Hrishikesh Roy, while hearing the petition challenging Section 124A, said,

“It is a colonial law and was used by British and suppress freedom and used against Mahatma Gandhi, Bal Gangadhar Tilak.

Is this law still needed after 75 years of independence?

Continuing such laws after 75 years of Independence... I do not know why you are not looking into this”

Learned AG submitted that the law need not be repealed, however, guidelines may be issued for its regulation.

Senior Advocate Shyam Divan pleaded to tag the matter with the plea by Editors Guild of India.

Notice was issued on the same.

Earlier, A bench led by Justice UU Lalit had allowed 14 days’ time to the Centre to file an affidavit in a plea challenging Section 124A, by Manipur based journalist Kishorechandra Wangkhemcha for his allegedly seditious remarks on Facebook.

Justice UU Lalit, while hearing the matter said,

“Pursuant to the notice issued on the last date, Learned AG appeared for the Union. He requested to submit a written note. Learned SGI also appeared for the Govt. of India and prayed for a short time to submit an affidavit in response.  Let the Affidavit be filed within 2 weeks. List this matter for hearing on 27th July, 2021. Intervention Applications to be heard on the same date.”

Case Title: SG Vombatkere v. Union of India| W.P.(C) No. 682/2021