The Supreme Court, which is hearing petitions challenging the constitutional validity of Section 124A of the Indian Penal Code (IPC) dealing with the offence of sedition, will first decide whether the matter needs to be referred to a larger bench.
Hearing the matter Thursday, the top court pointed out this is because there is already a decision of its Constitution Bench in 1962 which while upholding the legal validity of the provision attempted to restrict its scope for misuse by demarcating the difference between what acts amounted to sedition and what did not. A three-judge bench presided by Chief Justice of India N V Ramana fixed May 10 to hear arguments on the question of reference. The bench also comprising Justices Surya Kant and Hima Kohli asked the petitioners and the Centre to file their written arguments on the point by May 7. It also allowed the Centre to file its counter affidavit explaining its stand vis a vis Section 124A by May 9. Attorney General K K Venugopal, who is assisting the court, said the 1962 ruling in Kedar Nath Singh vs State of Bihar is the correct law on the subject and that it need not be sent to any larger bench. Venugopal referred to the slapping of sedition charges on an MLA and her husband over the 'Hanuman Chalisa' row in Maharashtra and said that guidelines to prevent misuse of the provision should be laid down. The petitioners had prayed in their petitions that the Kedar Nath Singh ruling requires reconsideration.
