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regular-article-logo Friday, 22 May 2026

Supreme Court allows stalled sedition law trials to resume with accused consent

Top court says pending appeals and criminal proceedings under IPC Section 124A can continue if those charged raise no objection before courts

Our Bureau Published 22.05.26, 05:23 AM
Sedition law trials India

Supreme Court Of India File picture

The Supreme Court on Thursday permitted all trials and appeal proceedings related to the erstwhile sedition law under Section 124A of the Indian Penal Code (IPC), which was stayed in May 2022, to resume if the accused had no objections.

A bench headed by Chief Justice Surya Kant passed the directions while dealing with an appeal filed by an accused named Kamran, seeking a direction to Madhya Pradesh High Court to resume his appeal proceedings concerning the sedition law kept on hold on account of the May 2022 directions of the apex court.

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“The petitioner’s grievance is that he has no objection if his criminal appeal is heard in its entirety, including with respect to the charge under Section 124A.

“That being the case, we clarify that wherever the accused has no objection against the proceedings of the trial, appeal or any other proceedings, where he has been charge sheeted under Section 124A, there shall be no impediments for courts to deal such matters on merits and in accordance with the law…,” the bench also comprising Justices Joymalya Bagchi and Vipul M. Pancholi said in an order.

The court passed the directions after Kamal filed the present petition, pleading that he had been facing the case for the last 17 years and there was uncertainty about the time of its conclusion in view of the apex court’s May 2022 order.

On May 11, 2022, a bench headed by then Chief Justice of India N.V. Ramana had stayed “until further orders” all pending proceedings across the country relating to the controversial sedition law and had also expressed “hope” that states and Centre “will restrain from registering any FIR, continuing any investigation or taking any coercive measures by invoking Section 124A of the IPC while the aforesaid provision of law is under consideration” of the Union government.

The order was passed in the context of growing concern over the misuse of the sedition law by respective governments against political opponents.

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