Supreme Court set to hear petitions on constitutional validity of sedition law

The Supreme Court on Wednesday posted to May 5 for the final hearing of a batch of petitions challenging the constitutional validity of the offence of sedition under Section 124A of the Indian Penal Code.

A bench of Chief Justice of India NV Ramana, Justices Surya Kant and Hima Kohli granted time till this week’s end to the Centre to file its response on the pleas after Solicitor General Tushar Mehta, appearing for the Centre, sought two days to file a reply. The bench posting the matter for final hearing on May 5 also made it clear that no adjournment would be granted in the case.

During the hearing, Solicitor General Mehta submitted that the Central government’s affidavit is ready, some time is required to make some changes and can be filed within two days.

The apex court in its order stated, “Solicitor General sought two days to file a reply. We direct the Centre to file a reply by end of this week. Reply to that affidavit to be filed by Tuesday. List the matter for final disposal without any adjournment on May 5, 2021.”

The bench said, “We will have a hearing on May 5. We will have full-day hearings.”

Earlier, the top court issued notice to the Centre on the plea filed by former army officer Major-General SG Vombatkere (Retd) challenging the constitutional validity of the sedition law. Journalists Patricia Mukhim and Anuradha Bhasin had also approached the apex court against sedition law. Among other petitions NGO PUCL’s petition is also pending which has sought direction to strike down the law.

On the last date of hearing, CJI Ramana questioned the Central government on the requirement of sedition law even after 75 years of independence and observed that it was colonial law that was used against freedom fighters.

Vombatkere challenged the Constitutional validity of the sedition law on the ground that it causes a “chilling effect” on speech and is an unreasonable restriction on free expression, a fundamental right.