The transfer grievance of an employee with a medical impairment may be kindly viewed: CAT to Govt
The transfer grievance of an employee with a medical impairment may be kindly viewed: CAT to Govt
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New Delhi, September 12: The Supreme Court mandated on Tuesday that a group of petitions contesting the legality of the sedition statute from the colonial period be presented to the Chief Justice of India (CJI) for notification of a Constitution Bench with at least five justices.

During the hearing, a bench led by Chief Justice D.Y. Chandrachud and made up of Justices J.B. Pardiwala and Manoj Misra discussed whether the proposed five-judge bench should decide to revisit the Kedar Nath case decision upholding the constitutionality of Section 124A (sedition) of the IPC.

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The Constitution Bench supported Section 124A’s legality in the Kedar Nath Singh case in 1962, stating that the state need protection against forces attempting to imperil its security and stability.

Senior attorney Kapil Sibal asked the CJI-led bench to refer the entire batch of petitions to a seven-judge Constitution Bench without first bringing it before a bench of five judges, arguing that the court’s decision cannot be delayed until Parliament passes a law. Sibal was representing petitioners who were contesting the legality of the penal provision.

In order to give the Parliamentary Standing Committee on Home Affairs time to study the Bharatiya Nyaya Sanhita (Indian Penal Code (IPC)) Amendment Bill, Solicitor General Tushar Mehta, speaking on behalf of the Centre, sought the top court to postpone the case.

The Bharatiya Nyaya Sanhita Bill, which was introduced to Parliament on August 11 and calls for a thorough revision of the criminal law from the British period.

The Bharatiya Nagrik Suraksha Sanhita Bill, which would replace the Criminal Procedure Code, and the Bharatiya Sakshya Bill, 2023, which would replace the Indian Evidence Act were also submitted to the Parliamentary Standing Committee on Home Affairs for review.

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