Immediately withdraw cases registered under repealed Section 66A of IT Act: MHA to States, UTs

The Ministry of Home Affairs (MHA) on Wednesday requested the States and Union Territories to instantly withdraw the cases registered under the repealed-Section 66A of the Information Technology Act, days after the Supreme Court expressed shock that it was being invoked even six years after the apex court docket had struck it down.

The Supreme Court discovered it “distressing”, “shocking” and horrible” that the supply – which was held unconstitutional and a violation of free speech within the Shreya Singhal judgment authored by Justice Rohinton F. Nariman on March 24, 2015, was nonetheless getting used to e book individuals.

Through an advisory, the MHA requested the authorities within the States and Union Territories to direct all police stations not to register cases under the repealed provision and sensitise the legislation enforcement companies for the compliance of the order issued by the Supreme Court.

“If any case has been booked in your State under Section 66A of the IT Act, 2000, it should immediately be withdrawn,” mentioned the advisory.

All you want to find out about Section 66A of the IT Act

In view of the Supreme Court judgment, the Ministry of Electronics and Information Technology, by a letter in January 2019, and the MHA, by way of two letters in January and April 2019, had requested the States and Union Territories to sensitise the police division and native police authorities for strict compliance of the Court directive. The ministries had additionally mentioned that every one such cases, if any, must be withdrawn.

“It has been brought to our notice through an application in the Supreme Court that FIRs are still being lodged by some police authorities under the struck down provision…Supreme Court has taken a very serious view in the matter,” mentioned the most recent advisory.