The Supreme Court expressed surprise that even after Section-66A of the IT Act, which has been repealed by the court, the police is registering a case under it. The Supreme Court has issued a notice to the Central Government in this matter and asked it to file a reply. The petitioner has said that in the Shrey Singhal case in 2015, the Supreme Court had repealed Section-66A of the IT Act, yet thousands of cases were registered under 66A across the country and the case is pending.
Supreme Court said this terrible situation
In the application filed by the People’s Union for Civil Liberties in the Supreme Court, it has been requested that the Central Government should be directed to issue advisory to all the police stations that the case should not be registered in 66A because it can be dismissed by the Supreme Court. Already happened. During the hearing on Monday, a bench headed by Justice Rohinton F Nariman said that it is surprising that in 2015, in the case relating to Shreya Singhal, the Supreme Court had quashed 66A and still the case is being registered under this section. is. This is a terrible situation.
The petitioner’s counsel Sanjay Parikh said that thousands of cases have been registered after the judgment across the country. The Supreme Court issued a notice to the Center and asked you to file a reply in two weeks. During the hearing, Attorney General KK Venugopal said that the provision was struck down by the Supreme Court but Section-66A is still mentioned in the Bayer Act and it is written below that the Supreme Court has repealed it. Then the Supreme Court remarked that the police could not see down? The Supreme Court said that the central government should file a reply in two weeks. This is shocking. We will do something
Information to be given to all district courts
The petition has urged that the Supreme Court Registry be asked to inform the district courts across the country to take cognizance of the judgment given in the Shreya Singhal case and keep in mind that no one should travel in the case of 66A. At the same time, the High Court should be asked to seek information about the pending cases in the lower court and ask for the implementation of the Supreme Court’s judgment. Along with this, the Ministry of Home Affairs should be asked to issue advisory to the police stations across the country that cases under 66A should not be registered because the Supreme Court has repealed this section.
What is the decision of the Supreme Court in the case of 66A
The Supreme Court in a landmark 2015 judgment had struck down Section 66A of the IT Act, which empowered the police to arrest those who allegedly posted objectionable content on social sites or nets. The court had said that this law violates the right to expression. The court had said that the definition and the words contained in the provision of the Act were not clear. The Supreme Court had said that a content which will be objectionable to one and not to the other. In a landmark judgment upholding freedom of expression, the court had said that Section 66A directly affects the right of people to know.
The then Justice J. Chelameswar and Justice Rohinton Nariman did not say that this provision clearly affects the fundamental right to freedom of expression enshrined in the Constitution. The apex court had said that the existing scope of 66A is very wide and in such a situation any person will be afraid to post something on the net. This idea upsets the right to expression. In such a situation, we call 66A as unconstitutional.
Why was this issue raised, this is also important
After the death of Bal Thackeray, the Shiv Sena chief, there was a comment on Facebook on the life of Mumbai being disturbed. The commentators were arrested after the incident and after that an application was filed in the Supreme Court on behalf of law student Shreya Singhal in this case and a request was made to abolish Section-66A of the IT Act. The Supreme Court had struck down this in a landmark judgment in 2015. Now it has been said in the petition that even after the judgment of the Supreme Court, thousands of cases are being registered.