Lawstreet Journal

[Sedition Challenge] Supreme Court Bench assembles

Lawstreet Journal 11 May 2022 4:57pm

Image courtesy: Lawstreet Journal Judiciary [Sedition Challenge] Supreme Court Bench assembles

Solicitor General : I have prepared a proposed draft direction to be issued by the Central Govt keeping in mind that a cognizable offence cannot be prevented from being registered

SG : Once there is a congizable offence, either the Govt or the Court by an interim order, staying the effect may not be a correct approach. Therefore, we have said there has to be a responsible officer for scrutiny, and his satisfaction is subject to judicial review.

SG : As far as pending cases, we don't know the gravity of each cases, may be there is a terror angle, or money laundering. Ultimately, the pending cases are before judicial forum, and we need to trust the courts.

SG : What your lordships can consider is, if there is a stage of bail application involving Section 124A IPC, the bail applications may be decided expeditiously.

SG : Apart from this, to pass any other order to stay the provisions upheld by a constitution bench may not be correct approach.

Sibal : This is wholly unacceptable to us.

SG : Also to be noted, no accused is before the Court. To entertain in a PIL may be a dangerous precedent.

SG : At the moment we’re not considering if Kedar Nath is good or bad law, but if due to sea change in law 124 A is constitutional or not, and if it isnt, it can be stayed.

Justice Kant : According to them, the pre-registration FIR scrutiny should go to the Superintendent of Police. According to you, who… Continue Reading...

Tagged: Sedition Challenge   Supreme Court of India  
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