While examining section
124 A of the IPC a three Judges Bench of Hon’ble Supreme Court stayed the
operation of section 124 A IPC and issued following directions: -
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.
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.
Reference: - WRIT PETITION(C) No.682 OF 2021
S.G. VOMBATKERE … PETITIONER Versus UNION OF INDIA … RESPONDENT order dated 11/05/22
Supreme Court
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