A revival of sedition tied to consent, Pg10

Key Highlights:

• The Supreme Court on May 21, 2026, allowed courts to proceed with trials under the repealed Section 124A (sedition) of the IPC if the accused consent.
• This direction came during a hearing for an appeal against a 2017 conviction under the UAPA, Arms Act, and IPC, including Section 124A.
• The appellant, Kamran, agreed to have his appeal heard, including the sedition charge, leading to the court's general direction.
• The Supreme Court's 2022 order had previously put sedition proceedings in abeyance, but this has now been partially lifted for consenting accused.

Detailed Insights:

• The Supreme Court's clarification raises concerns about subjecting individuals to a potentially unconstitutional law, as the constitutionality of Section 124A is still under review.
• The decision was made in Kamran versus State of Madhya Pradesh, without consulting petitioners in the related case, S.G. Vombatkere versus Union of India, which challenges the validity of Section 124A.
• Practical issues may arise in lower courts if co-accused individuals have differing opinions on consenting to trial under Section 124A.
• The May 21 clarification may create unequal consequences, as some accused may consent to trial due to desperation, while others await the Supreme Court's decision on the law's legality.
• The Supreme Court's delay in deciding the Vombatkere petitions leaves citizens in a difficult position, forcing them to choose between trial under a questionable law or indefinite legal limbo.
• Even Section 152 of the Bharatiya Nyaya Sanhita, the successor to Section 124A, is under challenge in the Supreme Court for potentially chilling free speech.
• Historically, Jawaharlal Nehru in 1951 found the sedition law objectionable, and the Supreme Court in Kedar Nath Singh versus State of Bihar (1962), limited its application to cases involving incitement to violence or public disorder.

Key Concepts Involved:

• Sedition: Conduct or speech inciting people to rebel against the authority of a state.
• UAPA (Unlawful Activities (Prevention) Act): Indian law aimed at preventing unlawful activities and terrorism.
• Fundamental Rights: Basic human rights guaranteed to all citizens in the Constitution of India.