Can Appeal Of Those Already Convicted Under Section 124A IPC Be Decided: Supreme Court Refers Question To Three-Judge Bench

A Bench of Justice P.S. Narasimha and Justice N.V. Anjaria passed the order in view of an order of a three judge bench of the Apex Court in S.G. Vombatkere v. Union of India, passed on May 11, 2022, which inter alia directed thus, "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".

Senior Advocate Shadan Farasat, appearing for Nagori, submitted that despite the Supreme Court’s 2022 directions staying proceedings under Section 124A, his client’s appeal ought to be heard since the order of conviction had been passed and the appeal against it filed before the Apex Court passed the said order. He said, “I want the appeal on Section 124A also to be decided. Only because of this provision, the judge is apprehensive to pass an order.”

He added that after the trial court convicted Nagori, he had undergone eighteen years of incarceration. Farasat said, “Whether I will be acquitted or not is a chance I want to take.”

Since the order of May 11, 2022, was passed by the Apex Court based on a statement made by the Central Government, the Bench called upon Solicitor General Tushar Mehta, who was present in Court then, to assist the Court on the issue.

Solicitor General Tushar Mehta responded, “The judge may be apprehensive to pass an order as he is the founder of SIMI.”

Taking into account the fact that the matter requires interpretation of the May 11, 2022, order that was passed by a three-judge bench and the fact that the said matter has already been referred to a Constitution Bench subsequently, the Bench observed that it will be appropriate to refer the matter to a three-judge bench.

Justice Narasimha ordered, “Let this be listed before a three-judge bench."

Background

Nagori’s appeal arises from a batch of criminal appeals pending before the Madhya Pradesh High Court. As per the High Court’s order dated May 15, 2025, a total of 11 accused persons, including Nagori, were convicted under Section 124A and sentenced to life imprisonment. However, the Court noted that in light of the Supreme Court’s interim directions in S.G. Vombatkere v. Union of India, all trials and appeals involving Section 124A were to be kept in abeyance. The High Court order stated, "Since, the Apex Court has kept the hearing of appeals also in abeyance, therefore, now these appeals cannot be heard and decided by this Court."

It further recorded that the appellants had already undergone 17 years of incarceration and would be filing an appropriate application seeking clarification of the Supreme Court’s May 2022 order to enable the hearing of their appeals.

Notably, in S.G. Vombatkere v. Union of India, the Supreme Court had on September 12, 2023, referred the constitutional validity of Section 124A to a Constitution Bench of at least five judges, observing that while the provision had previously been upheld in Kedar Nath Singh v. State of Bihar, the earlier ruling did not consider potential violation of Article 14. The Court rejected the Centre’s request to defer the matter until Parliament enacts a new law, holding that prosecutions must proceed under the existing statute unless repealed prospectively.

The matter is now to be listed before a three-judge bench for further directions.

Cause Title: Safdar Nagori v. State Of Madhya Pradesh (34189/2025)