Central Government Seeks More Time to File Response on Constitutionality of Section 124A Challenged in Supreme Court

Sedition Law Law InsiderSedition Law Law Insider

Shivani Thakur

Published on: Mat 2, 2022 at 18:06 IST

The Central Government has filed an application before the Supreme Court seeking extension of time to files its Response to the Plea challenging Section 124A of the Indian Penal Code.

A Bench headed by Chief Justice of India NV Ramana and also comprising Justices Surya Kant and Hima Kohli, ordered the Government to file its response by April 30. The Bench had also directed that the case be listed for Final Disposal on May 5.

The Government has told the Apex Court that a draft of the response is ready but it is awaiting confirmation from the Competent Authority.

The Supreme Court while issuing Notice in the matter in July 2021, questioned the Central Government on whether the Law was needed 75 years after independence.

“Dispute is it is a Colonial Law and was used by British and suppress freedoms and used against Mahatma Gandhi Bal Gangadhar Tilak. Is this Law still needed after 75 years of Independence? Our concern is misuse of the law and no accountability of the executive,” Chief Justice of India Ramana had said.

The Challenge to the Provision came about after two journalists, were charged with Sedition for posts and cartoons published on social media platforms.

They moved the Supreme Court challenging that it infringes upon an Individual’s Right to Freedom of Speech and Expression guaranteed by Article 19(1)(a).

The tendency of the British to ensure complete allegiance and compliance of the Indian citizens not only in action but also in thought, is blatantly evident from the evolution of the Law on Sedition. It is relevant to note, however, that the Indian Courts have largely crusaded against regarding every unpleasant word as ‘actionable’, championing the cause of the media,” the Plea stated.

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