The Supreme Court on Wednesday directed the Centre to file its response by the end of the week on a batch of pleas challenging the constitutional validity of the sedition law — Section 124A — of the Indian Penal Code.
The three-judge bench of Chief Justice NV Ramana and Justices Surya Kant and Hima Kohli said it would commence the final hearing in the matter on May 5 and would not entertain any request for adjournment.
Section 124 of the IPC has been widely used against many political opponents by the Governments in power by charging stringent provisions for sedition.
“We direct the Centre to file a reply by end of this week. Reply to the affidavit by Tuesday. List the matter for final disposal without any adjournment on May 5,” the bench said. The top court also noted in its order that senior advocate Kapil Sibal will lead the arguments from the petitioner’s side in the matter.
During the hearing, senior advocate Sanjay Parikh said the plea filed by PUCL has not been listed. “Do you want to solve the issue or all petitions to be listed? If you want to delay it, it is on you,” asked the Bench.
Concerned over the enormous misuse of the colonial-era penal law on sedition, the top court in July last year had asked the Centre why it was not repealing the provision used by the British to silence people like Mahatma Gandhi to suppress the freedom movement.
Agreeing to examine the pleas filed by the Editors Guild of India and former Major-General SG Vombatkere, challenging the constitutionality of Section 124A (sedition) in the IPC, the apex court had said its main concern was the “misuse of law” leading to rise in the number of cases.