Bhopal (Madhya Pradesh): The Supreme Court (SC) on Thursday clarified that the Madhya Pradesh High Court can proceed with trials or appeals relating to the offence of sedition under Section 124A of the IPC if the accused has no objection.
Petitioner Kamran Khan has been lodged in Bhopal jail for the past 17 years on sedition and unlawful activities charges.
The SC clarified its May 2022 order, which, while keeping the erstwhile sedition law in abeyance, had also stayed all trials and proceedings relating to Section 124A of the IPC.
A bench comprising CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi passed the order on Thursday in the case of an accused who has been in jail for 17 years and whose criminal appeal is pending before the Madhya Pradesh High Court.
The petitioner was convicted by the Sessions Court vide judgement dated Feb 27, 2017, under Sections 122, 124A and 153A of the IPC, read with Sections 10B(ii), 13(1)(ab) and 13(2) of the Unlawful Activities (Prevention) Act (UAPA), and Section 25(1B)(a) of the Arms Act.
He filed a criminal appeal before the High Court, which is pending before a Division Bench. The High Court kept the appeal pending, seemingly in view of the Supreme Court's order keeping proceedings involving the sedition offence in abeyance.
In this backdrop, the SC passed the following order: "The petitioner's grievance is that he has no objection if his criminal appeal is heard in entirety, including with respect to the charge under Section 124A.
That being so, we clarify para 8(d) of our interim order dated May 11, 2022 passed in to the effect that wherever the accused has no objection against proceeding of the trial, appeal, or any other proceeding where he has been chargesheeted under Section 124A IPC also, there shall be no impediment for the Courts to decide such matters on merits and in accordance with law."
Advocate Akhlaq Khan informed The Free Press Journal, The SC asked the Madhya Pradesh High Court to take up the petitioner's appeal, along with connected appeals, and decide the same on merits.
It added that it had not expressed anything on the merits of the case. Kamran has been in Bhopal jail for the past 17 years and his appeal is pending before the High Court.
