SC: Prosecution under IT Act’s Sec 66A shocking

Tribune News Service

New Delhi, January 7

Taking exception to prosecution of people under Section 66A of the Information Technology Act declared unconstitutional by it in 2015, the Supreme Court today warned that it would send erring official to jail for violating its orders.

“It’s shocking that people are still being prosecuted for a provision which was scrapped by this court in 2015. If that is the case, then we will send all officials concerned to jail,” a Bench headed by Justice Rohinton F Nariman said.

The Bench, which also included Justice Vineet Sharan, issued notice to the Centre on a PIL filed by People’s Union for Civil Liberties (PUCL), asking it to respond in four weeks.

PUCL counsel Sanjay Parikh said prosecutions were taking place under Section 66A even after it was struck down in March 2015 and more than 22 prosecutions have taken place since then. It has sought issuance of appropriate circulars and advisories to all states and UTs for immediate compliance of the verdict.

Acting on a PIL filed by Shreya Singhal, the SC had, on March 24, declared unconstitutional Section 66A of the IT Act that gave sweeping powers to the police to arrest people for posting “annoying” or “offensive” comments online.

Justice Nariman was there in that Bench which said the controversial section curtailed a citizen’s constitutional right to freedom of speech and expression.

Section 66A of the IT Act made sending such messages a crime punishable by up to three years in prison.

“We hold the section unconstitutional on the grounds that it takes within its sweep protected speech that is innocent in nature. It is liable to have a chilling effect on free speech and, therefore, has to be struck down,” the top court had said.

The provision hit headlines after two girls—Shaheen Dhada and Rinu Shrinivasan—were arrested at Palghar in Maharashtra’s Thane district for posting something online against the shutdown in Mumbai following Shiv Sena leader Bal Thackeray’s death.

“Despite the clear and unequivocal holding of this court in Shreya Singhal case, Section 66A of the IT Act continues to be applied in the legal system. A recent working paper by the Internet Freedom Foundation demonstrates that pending prosecutions under Section 66A of the IT Act have not been terminated, and further that it continues to be invoked by police across India in FIRs registered after the verdict,” the PUCL said in its petition.