Can Appeals Against Sedition Convictions Proceed Despite Stay On S.124A IPC? Supreme Court To Clarify

The Supreme Court has agreed to examine whether its 2022 order staying proceedings under Section 124A IPC (sedition) should prevent High Courts from deciding appeals against conviction for the offence of sedition.

The bench comprising Justices P.S. Narasimha and R. Mahadevan issued notice in a special leave petition filed by one Safdar Nagori, who has been incarcerated for 18 years following his 2017 conviction under Section 124A of the Indian Penal Code (sedition) along with other charges.

The petitioner-Safdar Nagori challenged the MP High Court's decision, which had heard the petitioner's appeal against the conviction in full but deferred to deliver judgment, citing the Supreme Court's May 2022 order in S.G. Vombatkere v. Union of India that directed all pending trials and appeals under Section 124A be kept in abeyance pending constitutional review of the sedition law.

“All pending trials, appeals and proceedings with respect to the charge framed under Section 124A of IPC be kept in abeyance.”, para 8(d) of S.G. Vombatkere's order states.

Before the Supreme Court, Senior Advocate Shadan Farasat appearing for Nagori, argued that his client's appeal involves only the sedition charge as he has already served the sentence for other offences. He contended the stay was never intended to apply to fully argued appeals in concluded cases. He added that S.G. Vombatkere has created a judicial dilemma where the High Court declined to decide appeals even after full hearings, and the petitioner remains incarcerated without appellate recourse.

Highlighting the serious implications for personal liberty under Article 21 of the Constitution, Mr. Farasat urged the Court to clarify whether the judgment could be delivered in the present appeal, even if it involved Section 124A charges, given that the hearings were completed and no fresh trial or investigation was pending.

Taking note of the submissions, the Court issued notice and directed the matter to be listed on July 25, 2025, before an appropriate bench after administrative instructions from the Chief Justice of India.

Case Title: SAFDAR NAGORI VERSUS THE STATE OF MADHYA PRADESH, Diary No(s).34189/2025 

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