We have discussed elaborately..we are passing this order. In view of the above, Union of India agrees with the Prima facie opinion expressed by the Court that the rigours of Section 124A is not in accordance with the current social milieu.
It will be appropriate not to use this provision of law till further rexamination is over.
We hope and expect Centre & State Govts will refrain from registering any FIR, continuing investigation, or taking coercive steps under 124 A IPC when its under reconsideration.
Those already booked under Section 124A IPC and are in jail can approach the courts for bail.
All pending cases, appeals and proceedings with respect to charges framed under Section124 A be kept in abeyance. Adjudication with respect to other sections may proceed with no prejudice be caused to accused.
In addition, Union of India shall be at liberty to issue directives proposed and placed before us to States/UTs to prevent misuse of sec 124 A.
If any fresh case is registered appropriate parties are at liberty to approach courts for appropriate relief and courts are requested to examine the relief sought taking into account the order passed by this court.
The above directions to continue till further orders.