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SUPREME COURT OF INDIA
UDAY UMESH LALIT, INDIRA BANERJEE, K.M. JOSEPH, JJ.
KISHORECHANDRA WANGKHEMCHA & ANR. - Petitioners
Vs.
UNION OF INDIA - Respondents
Writ Petition (Criminal) No.106/2021
Decided on : 30-04-2021
Constitutionality - Section 124-A of the Indian Penal Code, 1860 - The court issued notice for reconsideration of the decision rendered in Kedar Nath Singh v. State of Bihar, 1962 Suppl (2) SCR 769
Fact of the Case:
The writ petition sought a declaration of Section 124-A of the Indian Penal Code, 1860 as unconstitutional and void.
Finding of the Court:
The court issued notice for reconsideration of the decision rendered in Kedar Nath Singh v. State of Bihar, 1962 Suppl (2) SCR 769, and directed the notice to be served upon the office of the learned Attorney General for India.
Issues: Constitutionality of Section 124-A of the Indian Penal Code, 1860
Ratio Decidendi: The court found merit in the submission for reconsideration of the decision in Kedar Nath Singh v. State of Bihar, 1962 Suppl (2) SCR 769, and issued notice for the same.
Final Decision: The court issued notice for reconsideration of the decision rendered in Kedar Nath Singh v. State of Bihar, 1962 Suppl (2) SCR 769, and directed the notice to be served upon the office of the learned Attorney General for India.
ORDER :
1. This writ petition prays for an appropriate writ, order or direction declaring Section 124-A of the Indian Penal Code, 1860 to be unconstitutional and void.
2. Mr. Colin Gonsalves, learned Senior Advocate appearing for the petitioners submits inter alia that the decision rendered by the Constitution Bench of this Court in Kedar Nath Singh v. State of Bihar, 1962 Suppl (2) SCR 769, may require reconsideration.
3. Issue notice, returnable on 12.07.2021.
4. Notice may additionally be served upon the office of the learned Attorney General for India.
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