Supreme Court To Examine If High Courts Can Decide Sedition Appeals Despite 2022 Stay Order

The Supreme Court of India will soon look into an important legal question — whether its 2022 order staying all sedition proceedings under Section 124A of the Indian Penal Code (IPC) stops High Courts from deciding appeals against sedition convictions.

A bench of Justices P.S. Narasimha and R. Mahadevan has issued notice in a special leave petition filed by Safdar Nagori, who has already spent 18 years in jail. He was convicted in 2017 under the sedition law along with other charges.

Background of the Case:

Safdar Nagori approached the Supreme Court after the Madhya Pradesh High Court refused to deliver its judgment on his appeal against the sedition conviction. The High Court fully heard the appeal but chose not to pronounce its verdict. It relied on the Supreme Court’s May 2022 order in the landmark case S.G. Vombatkere v. Union of India.

In that order, the Supreme Court had asked all courts to keep all trials, appeals, and proceedings under Section 124A IPC (sedition) on hold. The idea was to pause such cases while the constitutional validity of the sedition law was being reviewed.

Arguments Made by Nagori’s Lawyer:

Senior Advocate Shadan Farasat, appearing for Nagori, argued that the Supreme Court’s stay order was never meant to block High Courts from deciding fully heard appeals. He pointed out that Nagori has already completed his sentence for other offences — only the sedition conviction remains.

Mr. Farasat told the Court that this situation has created a legal deadlock. The High Court heard Nagori’s appeal completely but won’t deliver the judgment. This leaves Nagori stuck in jail without any way to get relief from a higher court.

He also said that this goes against Article 21 of the Constitution, which protects a person’s right to life and liberty. He asked the Supreme Court to clarify if High Courts can at least pronounce judgments in such appeals, even if they involve sedition charges, especially when no new trial or investigation is needed.

Supreme Court’s Response:

The Supreme Court took note of these serious arguments and has now issued notice in the case. The matter will be listed for hearing soon.

This case will be very important because it will decide whether people convicted under the old sedition law can get justice from appellate courts while the law itself is under constitutional review.