New Delhi: The Supreme Court on Tuesday sent petitions challenging the sedition law – Section 124A of the Indian Penal Code – to a larger bench of five judges.
The three-judge bench, led by Chief Justice D.Y. Chandrachud, said a larger bench was needed as the provision was upheld in a 1962 judgement by a five-judge bench.
The judges ruled that it may not be appropriate for a smaller bench to “doubt or overrule” the 1962 judgement – Kedar Nath Singh vs State of Bihar.
The top court also rejected a request by the Centre to defer the hearing as it argued that the government would soon introduce a new Bill in Parliament to replace the Indian Penal Code.
The bench, also comprising Justices J.B. Pardiwala and Manoj Misra, said even if the new Bill becomes a law, previous cases under Section 124A would not be affected as the new penal law can apply prospectively.