The Supreme Court on Wednesday suspended pending criminal trials and Court proceedings under section 124A (sedition) of the Indian penal code, while allowing the Government of India to reconsider the British era law.
All pending trials, appeals and proceedings with respect to the charge framed under section 124A of the Indian penal code has been kept in Abeyance.
It was argued in the Court that nearly 13000 people were already in jail under the sedition provision.
# President
Central government has said in the Supreme Court that the President and not the Tamil Nadu Governor has exclusive power to decide on the plea for pardon by the Rajiv Gandhi assassination convict AG Perarivalan.
A three bench judge of the Supreme Court said that if the government’s argument is taken on face value, it would leave Article 161 (the constitutional power of the governor of states to grant pardon) a “dead letter”.
Supreme Court also said that this argument will make all the pardon granted by governors in last 75 years are null and void.
# Cyclone “Asani”
Cyclone “Asani” may briefly enter Andhra Pradesh but turn away into the sea before petering out, informed Indian meteorological department.
It is expected to become a weaker “deep depression” by Wednesday night and “depression” by Thursday.
# Marital rape verdict
Two judges of the Delhi High Court on Wednesday gave a split verdict on the question of criminalising rape within marriage, leaving the law unchanged.
Justice Rajeev Shakdher, who headed the bench, struck down as unconstitutional the exception to section 375 of the Indian penal code, which says that sexual intercourse by a man with his wife aged 18 and above is not rape even if it is without her consent.
However, Justice C. Harishankar rejected the plea to criminalise marital rape noting that any change in the law has to be carried out by the legislature since the issue requires consideration of social, cultural and legal aspects.