‘Need not strike down section but need guidelines on what’s permissible’: AG tells SC during sedition hearing

Earlier, agreeing to examine the pleas filed by the Editors Guild of India and former Major General S G Vombatkere, the Supreme Court had said its main concern is the “misuse of law” leading to rise in number of cases.

New Delhi: A Supreme Court bench comprising Chief Justice of India N V Ramana, Justices Surya Kant and Hima Kohli on Thursday took up the petitions challenging the constitutional validity of the sedition law or Section 124A of the Indian Penal Code.

The CJI asked Attorney General K K Venugopal, “Is it (Section 124A) still necessary to retain this colonial law which the British used to suppress Gandhi, Tilak etc, even after 75 years of independence?”

“If we go see history of charging of this section, the enormous power of this section can be compared to a carpenter being given a saw to make an item, uses it to cut the entire forest instead of a tree. That’s the effect of this provision,” CJI Ramana said.

Meanwhile, the Centre sought more time to clarify its stand on striking down the sedition law. Attorney General K K Venugopal, who is assisting the Supreme Court, said some new guidelines can be laid down. Relying to the CJI, Venugopal said the sedition law should not be struck down “but there is a need for guidelines on the section”. “What is permissible, what is impermissible and what can come under sedition needs to be seen,” Venugopal reportedly said.

Not naming but hinting at independent MP Navneet Rana and MLA Ravi Rana’s arrest, Venugopal further said, “We need guidelines on this section; what is permissible and what is impermissible and what can come under sedition. See what is happening in this country, yesterday sedition was used against people who recited Hanuman Chalisa.”

Earlier, agreeing to examine the pleas filed by the Editors Guild of India and former Major General S G Vombatkere, the Supreme Court had said its main concern is the “misuse of law” leading to rise in number of cases.

In April 2021, a different bench led by Justice U U Lalit had issued a notice on a petition filed by two journalists challenging Section 124A of the IPC. A petition filed by journalists Patricia Mukhim and Anuradha Bhasin on the same issue are also pending.

On Thursday, the bench said the matter will be taken up again at 2pm on Tuesday next week and the government and the petitioners will be permitted to argue for an hour on the limited aspect of reference to a larger bench.