Satya Prakash
Tribune News Service
New Delhi, 2nd August
As police continue to book people under Section 66A of the Information Technology Act, which was declared unconstitutional in 2015, the Supreme Court on Monday appealed to all states, union territories and high courts on a petition filed by PUCL. Issued notices to the Registrar Generals. Problem.
A bench headed by Justice Nariman listed the matter for further hearing after four weeks, saying, “Police is a state subject. We will issue notices and pass comprehensive orders. This cannot continue.”
The order came after the Center submitted that after Section 66A was declared unconstitutional, it was up to the states to ensure that cases were not registered under the provision.
Senior advocate Sanjay Parikh, appearing for the petitioner People’s Union for Civil Liberties (PUCL), said there are two aspects: police and judiciary.
“We have given detailed suggestions. The Center has issued directions to the state DGP. The directions also need to go to the judiciary,” Parikh said.
Acting on a PIL filed by Shreya Singhal, the Supreme Court had on March 24 declared Section 66A of the IT Act unconstitutional, which mandated police to arrest people for posting “annoying” or “objectionable” remarks online. was given wide authority. The provision carries a maximum jail term of three years for posting objectionable and annoying messages on devices such as computers.
The Supreme Court on July 5 expressed surprise and surprise at the police invoking Section 66A of the Information Technology Act, which was declared unconstitutional more than six years ago.
“Don’t you think it is surprising and shocking? Shreya Singhal’s judgment is of 2015… It is really shocking. What is happening is horrible,” the bench told Parikh.
Parikh had pointed out that despite clear directions issued by the court in 2019 that all state governments should sensitize police personnel about the verdict, thousands of cases have been registered under the repealed provision.
The court had in February 2019 passed certain directions to ensure that the dead provision is not misused against people. It had directed that copies of the judgment of this Court in Shreya Singhal be available with every High Court as well as all District Courts and police departments throughout the country i.e. all States and Union Territories be sensitized about the said decision. . The facts mentioned above show that not only the investigation under section 66A by the police is going on but the investigation is going on in the lower courts as well.