SC notice on SIMI operative's petition for hearing on sedition appeal
Nagori was convicted in February 2017 by a trial court in Indore and was sentenced to life imprisonment. He had challenged his conviction and sentence before the Indore bench of the MP high court which had heard the matter on several occasions.
During the last leg of arguments on May 15 this year, the high court was confronted with an order of the top court issued in May 2022 directing all proceedings related to sedition to be kept in abeyance pending the challenge to the constitutionality of the sedition offence contained in section 124A of the Indian Penal Code. The HC deferred the hearing of the appeal against which Nagori approached the top court seeking clarification on whether the order of May 2022 would impact hearing on his appeal.
A bench of justices PS Narasimha and R Mahadevan, sitting during the partial court working days, issued notice on Nagori's appeal seeking response from the Madhya Pradesh government and posted the matter after two weeks.
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The order said, 'The counsel for petitioner submits that the case in appeal against his client has virtually concluded. Before passing the final order, the HC judge seeks clarification with regard to operation of para 8(d) of the order of this court on May 11, 2022. Issue notice. List in the second week (after reopening) in July.'
Senior advocate Shadan Farasat appearing for Nagori told the court that the May 11, 2022, order had intended to act as a 'protective' direction to ensure no further prosecution under the provision of sedition takes place. He said that the order could not come in the way of hearing the appeal and sought clarification from the bench in this regard.
The order of May 2022 was passed in a batch of petitions led by SG Vombatkere challenging validity of section 124A and its misuse by state to suppress free speech and liberty of citizens. While the matter has since been referred to a Constitution bench, the order sought to maintain the status quo.
It said, 'All pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC be kept in abeyance. Adjudication with respect to other Sections, if any, could proceed if the courts are of the opinion that no prejudice would be caused to the accused.'
The bench told Farasat, 'Our difficulty is that the order of May 11, 2022, is passed by a three-judge bench. We cannot clarify it sitting in a combination of two. There is an observation recorded by the court that all trials and appeals be kept in abeyance.'
Farasat said that Nagori has been in jail for over 17 years and is currently lodged in Central Jail, Bhopal awaiting the outcome of his appeal. While the order convicting him was under various other offences of promoting enmity (section 153A of IPC) and indulging in terrorist activities, punishable under Unlawful Activities Prevention Act (UAPA), it was only for sedition, he was sentenced to life imprisonment.
The case under sedition was lodged against him and several other associates of SIMI in 2008. Nagori was active in the operations of SIMI, banned in 2001 for being an unlawful organisation. This ban has been renewed from time to time, the latest being in January this year for a further five years.
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