We don't believe in misusing the laws or any provisions of the law, Union Law Minister Kiren Rijiju said on Monday, 9 May, while commenting on the reconsideration of sedition law, adding that Prime Minister Narendra Modi urged to remove the colonial-era sedition law.
The Union government on Monday asked the Supreme Court of India to defer hearing the challenges to the constitutionality of the sedition law, as it has "decided to re-examine and re-consider the provisions of Section 124A of the Indian Penal Code."
"PM Modi has asked to re-examine and re-consider the provision of the sedition law. PM urged to remove obsolete sedition law," Union Law Minister Kiren Rijiju told ANI.
"PM Modi expressed his clear and unequivocal views in favour of protection of civil liberties, respect for human rights, and giving meaning to constitutional freedoms. The government will suitably take into account the views of the stakeholders & ensure that the sovereignty & integrity of the nation is preserved while re-examining & re-considering the law on sedition.
"Therefore, the government has urged the SC not to invest their precious time in examining the validity of Section 124A of IPC, 1860 and await the exercise of re-consideration of Section 124A to be undertaken by the Government of India," he said.
In an affidavit dated 9 May, the Centre said that there is a divergence of views in the public domain about sedition as a criminal offence and that there is an acceptance that a penal provision is needed to deal with divisive acts affecting the sovereignty and integrity of India or to destabilise the government established by law.
The Centre has filed the affidavit in response to the petitions being heard by the court, which argue that the offence of sedition in the IPC is unconstitutional.
The top court is hearing a batch of petitions, including pleas by retired Army Major General SG Vombatkere, the Editors Guild of India, and former Union Minister Arun Shourie, which have said that the Supreme Court's subsequent jurisprudence on fundamental rights means the 1962 decision in Kedar Nath Singh is no longer good law.
"In the Kedar Nath Singh case, the SC upheld the constitutional validity of the sedition law. But now, since SC is hearing this matter & seeking the Centre's position, PM Modi has stated that we'll re-consider & re-examine the provision of sedition law," Rijiju explained.
"...The sovereignty & integrity of the country is above all. It is absolutely important for the government and for everyone. So while revisiting and re-consideration of sedition law, it will be ensured that all these provisions are taken care of," he said.
"During our time, these provisions (of Section 124A of IPC) were invoked only when a particular act is in a way threatening the integrity & sovereignty & tried to destabilise the government. In that condition, only provisions are invoked," he added.
Sedition Law Should be Repealed: Manish Tewari
Meanwhile, Congress MP Manish Tewari said, "Undoubtedly, the sedition law should be repealed. However, the affidavit that the Centre has filed in the SC seems to be a rather curious submission. It almost seems as if they're trying to pre-empt SC's adjudication of this matter."
While, another Congress leader, Harish Rawat, said that the Centre's stand on sedition was not clear.
Ex Law Minister Ashwani Kumar said that this law has no place in free India.
"The decision to review the sedition law will be leading to a repeal of this law. And in the process, the SC is not divested of the opportunity to determine the constitutional validity of this archaic & colonial law. This law has no place in free India," he was quoted as saying by ANI.
Trinamool Congress MP Mahua Moitra tweeted, "Hilarious how Centre using usual stalling tricks to buy time in sedition case. 150 years of law and 7 yrs of Modi govt with no change & now suddenly on eve of SC hearing GoI is all for civil liberties! Confident SC will decide matter once & for all."
The government's suggestion will now need to be considered by the bench of Chief Justice of India NV Ramana, and Justices Surya Kant and Hima Kohli, who are scheduled to hear arguments on Tuesday, 10 May about whether the challenges to the sedition law need to be heard by a larger bench.
(With inputs from ANI.)
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