If the accused has no objection then the court can prosecute treason: Supreme Court

The Supreme Court on Thursday made it clear that courts can continue hearing or appeal proceedings in cases related to treason (Section 124A of the Indian Penal Code) as long as the accused has no objection to it. Its order passed in the SG Vombatkere case in May 2022 had stayed all hearings and proceedings related to Section 124A of the IPC, keeping the erstwhile sedition law in suspension.

A bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi passed this order in the case of an accused who has been in jail for 17 years and whose criminal appeal is pending in the Madhya Pradesh High Court. Petitioner Kamran (accused) was convicted by the Sessions Court vide judgment dated 27 February 2017 under sections 122, 124A, 153A of IPC read with sections 10B(ii) and 13(1)(ab), 13(2) UAPA and section 25(1B)(a) of the Arms Act.

What is the complaint of the petitioner?

He was sentenced to life imprisonment along with his co-accused. He filed a criminal appeal in the Madhya Pradesh High Court, which is pending before a division bench. The High Court has kept the appeal pending in view of the Supreme Court’s order to postpone the proceedings related to the treason case. The Supreme Court passed this order that the complaint of the petitioner is that he has no objection if his criminal appeal is given a full hearing including the charges framed under Section 124A.

The court said, in such a situation, we clarify para 8(d) of our interim order passed on May 11, 2022 that wherever the accused has no objection to the trial, appeal or any other proceeding, where a charge sheet has also been filed against him under Section 124A IPC, there will be no hindrance to the courts in deciding such cases on merits and in accordance with law.

Did not comment on the merits of the case

The Supreme Court requested the Madhya Pradesh High Court to consider the petitioner’s appeal and other appeals related to it and take a decision on merits. The court also said that it has not made any comment on the merits of the case.