Pertinently, Solicitor General Tushar Mehta said that the AG’s stand might be different from the Central government’s and that he will place the Central government’s stand before the Supreme Court in two days.
“My reply will be an independent decision of the executive and a holistic one. It is not based on submissions made here…AG’s reply may be different from Centre’s,” he said.
The Court was hearing a batch petitions challenging the constitutionality of Section 124A.
The Supreme Court had, while issuing notice in the matter in July 2021, questioned the Central government on whether the law was needed 75 years after independence.
The Court had also sought the assistance of the Attorney General in the matter.
The Central government is yet to file its response to the plea.
The three-judge bench during today’s hearing, deliberated on whether the matter needs to be referred to a larger bench since the petitions had prayed for overruling Kedar Nath.
“In every writ petition there is a prayer to strike down Kedarnath and strike down 124A. You have to pursue us that even after 5-judge bench in Kedar Nath judgment, we (3-judge bench) can proceed to hear this,” said Justice Surya Kant.
“Can we proceed hearing this case without reference of Kedar Nath to larger bench,” Justice Kant asked.
Source: Barandbench
