S.G. Vombatkere vs Union Of India

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

WRIT PETITION(C) No.682 OF 2021

S.G. VOMBATKERE … PETITIONER Versus

UNION OF INDIA … RESPONDENT

WITH WRIT PETITION(C) No.552 OF 2021 WRIT PETITION(C) No.773 OF 2021 WRIT PETITION(C) No.1181 OF 2021 WRIT PETITION(Crl.) No.304 OF 2021 WRIT PETITION(C) No.1381 OF 2021 WRIT PETITION(Crl.) No.307 OF 2021 WRIT PETITION(Crl.) No.498 OF 2021 WRIT PETITION(Crl.) No.106 OF 2021

O R D E R

1. These petitions are filed challenging the

Constitutionality of Section 124 A of the Indian Penal Code 1860

(hereinafter IPC) relating to the offence of Sedition.

2. Having heard learned Senior counsel appearing for the

parties and perusing the documents available on record, we may

observe that this matter was listed for the first time on

15.07.2021. Thereinafter, this Court, after hearing the

parties, issued notice on 27.04.2022. When this matter was next

taken up, learned Solicitor General of India prayed for

additional time of 2 to 3 days for filing of counter-affidavit.

Accordingly, time was granted till the end of the week for Signature Not Verified

Digitally signed by SATISH KUMAR YADAV Date: 2022.05.11 15:12:01 IST filing counter-affidavit. Again, the matter was listed on Reason:

05.05.2022, wherein the Solicitor General again sought

additional time to file a counter affidavit. On that date, this 2

Court while granting the Solicitor General time to file counter

affidavit, directed the parties to file their written

submissions on the preliminary issue of the necessity of

reference to a larger bench prior to the next date of hearing.

3. Accordingly, on 07.05.2022, written submissions were

filed on behalf of Solicitor General of India.

4. On 09.05.2022, an affidavit was filed on behalf of Union

of India, averring as under:

“3. I state and submit that so far as Section 124A is concerned, there are divergence of views expressed in public domain by various jurists, academicians, intellectuals and citizens in general. While they agree about the need for statutory provisions to deal with serious offences of divisive nature affecting the very sovereignty and integrity of the Country, acts leading to destabilizing the government established by law by means not authorised by law or prohibited by law. Requiring a penal Provision for such purposes is generally accepted by everyone in legitimate State interest. However, concerns are raised about its application and abuse for the purposes not intended by law.

4. The Hon’ble Prime Minister of India has been cognizant of various views expressed on the subject and has also periodically, in various forums, expressed his clear and unequivocal views in favour of protection of civil liberties, respect for human rights and giving meaning to the constitutionally cherished freedoms by the people of the country. He has repeatedly said that one of India’s strengths is the diverse thought streams that beautifully flourish in our country.

5. The Hon’ble PM believes that at a time when our nation is marking ‘Azadi Ka Amrit Mahotsav’ (75 years since independence) we need to, as a nation, work even harder to shed colonial baggage that has passed its utility, which includes outdated colonial laws and practices. In that spirit, the Government of India has scrapped over 1500 outdated law since 2014-15. It has also ended over 25,000 compliance 3

burdens which were causing unnecessary hurdles to people of our country. Various offences which were causing mindless hindrances to people have been de- criminalised. This is an ongoing process. These were laws and compliances which reeked of a colonial mind set and thus have no place in today’s India.

6. The Government of India, being fully cognizant of various view being expressed on the subject of sedition and also having considered the concern of civil liberties and human rights, while committed to maintain and protect the sovereignty and integrity of this great nation, has decided to re-examine and re-consider the provision of section 124A of the Indian Penal Code which can only be done before the Competent Forum.

7. In view of the aforesaid it is this respectfully submitted that this Hon’ble Court may not invest time in examining the validity of Section 124A once again and be pleased to await the exercise of reconsideration to be undertaken by the Government of India before an appropriate forum where such reconsideration is constitutionally.”

5. In view of the above, it is clear that the Union of India

agrees with the prima facie opinion expressed by this Court

that the rigors of Section 124A of IPC is not in tune with the

current social milieu, and was intended for a time when this

country was under the colonial regime. In light of the same,

the Union of India may reconsider the aforesaid provision of

law.

6. This Court is cognizant of security interests and

integrity of the State on one hand, and the civil liberties of

citizens on the other. There is a requirement to balance both

sets of considerations, which is a difficult exercise. The case

of the petitioners is that this provision of law dates back to

1898, and pre-dates the Constitution itself, and is being

misused. The Attorney General had also, on an earlier date of 4

hearing, given some instances of glaring misuse of this

provision, like in the case of recital of the Hanuman Chalisa.

7. Therefore, we expect that, till the re-examination of the

provision is complete, it will be appropriate not to continue

the usage of the aforesaid provision of law by the Governments.

8. In view of the clear stand taken by the Union of India,

we deem it appropriate to pass the following order in the

interest of justice:

a. The interim stay granted in W.P.(Crl.)No.217/2021 along

with W.P.(Crl.)No.216/2021 vide order dated 31.05.2021

shall continue to operate till further orders.

b. We hope and expect that the State and Central Governments

will restrain from registering any FIR, continuing any

investigation or taking any coercive measures by invoking

Section 124A of IPC while the aforesaid provision of law

is under consideration.

c. If any fresh case is registered under Section 124A of IPC,

the affected parties are at liberty to approach the

concerned Courts for appropriate relief. The Courts are

requested to examine the reliefs sought, taking into

account the present order passed as well as the clear

stand taken by the Union of India.

d. All pending trials, appeals and proceedings with respect

to the charge framed under Section 124A of IPC be kept in

abeyance. Adjudication with respect to other Sections, if

any, could proceed if the Courts are of the opinion that 5

no prejudice would be caused to the accused.

e. In addition to the above, the Union of India shall be at

liberty to issue the Directive as proposed and placed

before us, to the State Governments/Union Territories to

prevent any misuse of Section 124A of IPC.

f. The above directions may continue till further orders are

passed.

9. List these petitions in the third week of July, 2022.

.........................CJI. (N.V. RAMANA)

..............…….........J. (SURYA KANT)

..............…..........J. (HIMA KOHLI)

NEW DELHI; MAY 11, 2022. 6

ITEM NOS.301 TO 306 COURT NO.1 SECTIONS PIL-W/X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Civil) No.682/2021

S.G. VOMBATKERE Petitioner(s) VERSUS UNION OF INDIA Respondent(s)

WITH W.P.(C) No. 552/2021 (X) (FOR ADMISSION and IA No.62095/2021-APPROPRIATE ORDERS/DIRECTIONS) W.P.(C) No. 773/2021 (PIL-W) (FOR ADMISSION) Writ Petition(Civil) No.1181/2021 W.P.(Crl.) No. 304/2021 (X) (FOR ADMISSION and IA No.84068/2021-APPLICATION FOR EXEMPTION FROM FILING ORIGINAL VAKALATNAMA/OTHER DOCUMENT) Writ Petition(Civil) No.1381/2021 (FOR ADMISSION and IA No.168874/2021-EXEMPTION FROM FILING AFFIDAVIT) Writ Petition (Criminal) No.307/2021 (FOR ADMISSION and IA No.85946/2021-STAY APPLICATION and IA No.85962/2021-EXEMPTION FROM FILING AFFIDAVIT) Writ Petition(Criminal) No.498/2021 Writ Petition(Criminal) No.106/2021 (IA No. 87150/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No.78482/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 27982/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 86234/2021 - INTERVENTION APPLICATION, IA No. 78477/2021 - INTERVENTION APPLICATION, IA No. 77708/2021 - INTERVENTION APPLICATION, IA No. 77529/2021 - INTERVENTION APPLICATION & IA No. 27978/2021 - PERMISSION TO FILE LENGTHY LIST OF DATES)

Date : 11-05-2022 These petitions were called on for hearing today.

CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT HON'BLE MS. JUSTICE HIMA KOHLI

For Petitioner(s) Mr. Shyam Divan, Sr. Adv. Mr. Prashant Kumar, Adv. Mr. Anubhav Kumar, Adv. Mr. Amarjit Singh Bedi, AOR Ms. Riya Seth, Adv. Mr. Varun Chandiok, Adv.

Dr. Rajiv Dhavan, Sr.Adv. Mr. Prashant Bhushan, AOR Mr. Arun Shourie, In-person 7

Mr. Rahul Gupta, Adv. Mr. Alice Raj, Adv.

Mr. Kapil Sibal, Sr. Adv. Mr. P.B. Suresh, Adv. Mr. Prasanna S., AOR Mr. Nizam Pasha, Adv. Mr. Yuvraj Singh Rathore, Adv. Mr. Agnish Aditya, Adv. Ms. Swati Arya, Adv. Ms. Aparajita Jamwal, Adv.

Mr. Gopal Sankaranarayanan, Sr. Adv. Ms. Pooja Dhar, AOR Mr. Chitranshul Singh, Adv. Ms. Jhanvi Dubey, Adv. Mr. Shrutanjaya Bharadwaj, Adv. Ms. Ishita Chowdhury, Adv. Ms. Shivani Vij, Adv. Ms. Tanya Srivastava, Adv. Ms. Aditi Gupta, Adv. Mr. Pratul Pratap Singh, Adv.

Mr. Salman Khurshid, Sr. Adv. Mr. Fuzail Ahmad Ayyubi, AOR Mr. Tanveer Ahmad Khan, Adv. Mr. Tauqeer Ahmad Khan, Adv. Ms. Jyoti Singh, Adv. Ms. Aadya Mishra, Adv. Ms. Kanishka Prasad, Adv. Mr. Ibad Mushtaq, Adv.

Ms. Aparna Bhat, AOR Ms. Karishma Maria, Adv. Mr. Satwik Parikh, Adv.

Ms. Vrinda Grover, Adv. Mr. Soutik Banerjee, Adv. Ms. Mannat Tipnis, Adv. Mr. Aakarsh Kamra, AOR

Mr. Chandar Uday Singh, Sr. Adv. Mr. Rahul Narayan, AOR Ms. Vrinda Bhandari, Adv. Mr. Abhinav Sekhri, Adv. Mr. Apar Gupta, Adv. Mr. Tanmay Singh, Adv. Mr. Krishnesh Bapat, Adv. Ms. Anandita Mishra, Adv. Ms. Natasha Maheshwari, Adv. Ms. Amala Dasarath, Adv.

Mr. Siddharth Seem, Adv. 8

Mr. Satya Mitra, AOR

For Respondent(s) Mr. Tushar Mehta, SG Mr. K.M. Nataraj, ASG Mr. N. Venkatraman, ASG Mr. K.M. Nataraj, ASG. Mr. Suryaprakash V.Raju, ASG Mr. Rajat Nair, Adv. Mr. Kanu Agrawal, Adv. Mr. Shantnu Sharma, Adv. Ms. Deepaabali Datta, Adv. Mr. Madhav Sinhal, Adv. Ms. Suhasini Sen, Adv. Mr. Balaji Srinivasan, Adv. Mr. Siddhant Kohli, Adv. Mr. K. Parameshwar, Adv. Mr. Arvind Kumar Sharma, AOR Mr. B.V. Balaram Das,AOR (N.P.)

Mr. Kaleeswaram Raj, Adv. Mr. Mohammed Sadique T.A., AOR Mrs. Anu K. Joy, Adv. Mr. Alim Anvar, Adv. Mr. Thulasi K. Raj, Adv. Mr. Nishe Rajen Shonker, AOR

Mr. P.V. Surendra Nath, Sr. Adv. Mr. Subhash Chandran K.R., Adv. Ms. Yogamaya M.G., Adv. Ms. Resmitha R. Chandran, AOR

Mr. Arvind Datar, Sr. Adv. Ms. Nisha Bhambhani, Adv. Mr. Rahul Bhatia, AOR Mr. Rahul Unnikrishnan, Adv. Mr. Harshvardhan Kotla Adv. Ms. Vishakha Gupta, Adv. Mr. Rohan J. Alva, Adv.

Mr. Namit Saxena, AOR Mr. Sharath Chandran, Adv. Mr. Awnish Maithani, Adv. Mr. Sudhanshu Chandra, Adv.

UPON hearing the counsel the Court made the following O R D E R

For the reasons stated in the signed order, we deem it appropriate to pass the following order in the interest of justice:

a. The interim stay granted in W.P. 9

(Crl.)No.217/2021 along with W.P.(Crl.)No.216/2021

vide order dated 31.05.2021 shall continue to operate till further orders.

b. We hope and expect that the State and Central Governments will restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of IPC while the aforesaid provision of law is under consideration.

c. If any fresh case is registered under Section 124A of IPC, the affected parties are at liberty to approach the concerned Courts for appropriate relief. The Courts are requested to examine the reliefs sought, taking into account the present order passed as well as the clear stand taken by the Union of India.

d. All pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC be kept in abeyance. Adjudication with respect to other Sections, if any, could proceed if the Courts are of the opinion that no prejudice would be caused to the accused.

e. In addition to the above, the Union of India shall be at liberty to issue the Directive as proposed and placed before us, to the State Governments/Union Territories to prevent any misuse of Section 124A of IPC.

f. The above directions may continue till further orders are passed.

List these petitions in the third week of July, 2022.

(SATISH KUMAR YADAV) (R.S. NARAYANAN) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file) 10