Guwahati, July 21, 2023: The Supreme Court of India requested the Centre to respond to a plea filed by RTI activist and independent Assam MLA Akhil Gogoi on Friday. In his plea, Gogoi challenged the invocation of the penal provision of sedition against him in a case related to his involvement in anti-CAA protests. Additionally, he also challenged the constitutional validity of Section 124A (Sedition) of the Indian Penal Code, 1860.

The Supreme Court had made a significant decision on May 11 of the previous year, putting the penal law on sedition on hold until an “appropriate” government forum re-examined it. The Court directed both the Centre and the States not to register any fresh FIR invoking the sedition offence during this period.

The law on sedition, introduced in 1890, nearly 57 years before India’s Independence and almost 30 years after the IPC came into effect, provides for a maximum life imprisonment sentence under Section 124A of the IPC for creating “disaffection towards the government.”

The bench, consisting of Chief Justice D. Y. Chandrachud and Justices J. B. Pardiwala and Manoj Misra, took note of the submissions made by senior advocate Huzefa Ahmadi, representing Akhil Gogoi. The bench stated that it would issue a notice to the Union Ministry of Home Affairs regarding interim relief and would list the plea after three weeks.

Mr. Ahmadi argued that the sedition provision is ultra vires to the Constitution, emphasizing that his client, Akhil Gogoi, is facing charges under this section.

The Supreme Court clarified that they had already halted the invocation of the penal provision and had instructed the government to re-examine the issue of retaining it in the statute. The bench also stated that it would consider the plea for interim relief to prevent the imposition of sedition charges on Akhil Gogoi.

Notably, the National Investigation Agency (NIA) is investigating two cases against Akhil Gogoi related to his involvement in anti-CAA protests. In one of these cases, the special NIA court had granted him bail, and the Gauhati High Court upheld the decision in April 2021 when the probe agency challenged it. Akhil Gogoi has been a member of the Assam Legislative Assembly from the Sibsagar constituency since 2021.

Section 124A (Sedition) of the IPC defines the offense as an act that brings or attempts to bring hatred, contempt, or disaffection towards the Government established by law in India, and it carries punishments of life imprisonment or imprisonment for up to three years, along with fines.

Source: PTI