The esteemed Supreme Court of India has agreed to examine an important legal question: whether the 2022 stay on all proceedings under Section 124A of the Indian Penal Code (IPC), which relates to sedition, also prevents high courts from deciding appeals against sedition convictions.

A bench of Justices P S Narasimha and R S Mahadevan issued notice in a special leave petition filed by Safdar Nagori, who has spent 18 years in jail after being convicted under Section 124A IPC and other provisions in 2017.

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Nagori approached the Supreme Court challenging the decision of the Madhya Pradesh High Court, which had heard his appeal against conviction in full but did not pronounce the judgment. The High Court cited the May 2022 order of the Supreme Court in S.G. Vombatkere v. Union of India, which had stayed all trials and appeals relating to sedition.

"All pending trials, appeals and proceedings in respect of the allegations made under Section 124A IPC, be kept in abeyance." - Para 8(d), S.G. Vombatkere judgment (2022)

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Senior advocate Shadan Farasat, appearing for Nagori, said the appeal involved only the charge of sedition, and the petitioner had already served his sentence for the other charges. He argued that the adjournment to 2022 was to prevent fresh trials and investigations - not final hearings, where arguments have already been completed.

Farasat pointed out that the order has led to a "judicial dilemma" where courts are unable to decide sedition cases even after they have been fully argued, leaving convicts like Nagori in jail without any legal remedy.

"This is a matter of grave concern under Article 21 of the Constitution. The personal liberty of the appellant is at stake," senior advocate Shadan Farasat said.

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He urged the apex court to clarify whether judgment can be pronounced in such cases even if they involve sedition charges, as no fresh trial or investigation is pending.

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

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