‘Distressing’ and ‘shocking’ that people are still tried under Section 66A of IT Act, says SC

The Supreme Court on Monday discovered it “distressing”, “shocking” and “terrible” that people had been still booked and tried under Section 66A of the Information Technology Act even six years after the Supreme Court struck down the availability as unconstitutional and a violation of free speech.

Section 66A had prescribed three years’ imprisonment if a social media message brought about “annoyance” or was discovered “grossly offensive”.

All it’s good to find out about Section 66A of the IT Act

The Supreme Court, within the Shreya Singhal judgment authored by Justice Rohinton F. Nariman in March 2015, had concluded the availability was obscure and worded arbitrarily.

On Monday, senior advocate Sanjay Parikh and advocate Aparna Bhat, for the People’s Union for Civil Liberties (PUCL), mentioned the quantity of circumstances under Section 66A had truly elevated publish the judgment.

“What is going on is terrible, distressing! We will issue notice,” Justice Nariman, heading a three-judge Bench additionally comprising Justices K.M. Joseph and B.R. Gavai, exclaimed.

Attorney General K.K. Venugopal identified that regulation books printed publish the decision featured the non-existent Section 66A “in full”.

‘Only as a footnote’

“The police officer, while registering a case, looks at only the Section in the main text… The fact that the Section has been struck down is given only as a footnote…” Mr. Venugopal submitted.

“And not being Mr. Venugopal, he [police officer] does not read the footnote…” Justice Nariman mentioned light-heartedly.

But Justice Nariman agreed with Mr. Parikh that the “state of affairs is shocking”.

Mr. Parikh mentioned the courtroom needed to intervene and work out a mechanism to disseminate the Shreya Singhal judgment to each police station and trial courtroom within the nation.

Govt. given 2 weeks

“Yes, we will work out something,” Justice Nariman assured. The authorities was given two weeks to file its reply and the PUCL was given every week to file its rejoinder. The case could be listed for listening to after this.

“Section 66A of the IT Act has continued to be in use not only within police stations but also in cases before trial courts across India. This information was available on a website — Zombie Tracker website — developed by a team of independent researchers… The findings of the website reveal that as on March 10, 2021, as many as a total of 745 cases are still pending and active before the Districts Courts in 11 States, wherein accused persons are being prosecuted for offences under Section 66A of the IT Act,” the PUCL submitted.

The NGO has urged the Supreme Court to direct the federal government, by way of the National Crime Records Bureau or some other company, to gather all the info/info concerning FIRs/investigations under Section 66A and pending circumstances in district and High Courts.

“Direct the Registry of the Supreme Court to communicate to all the District Courts throughout the country (through respective High Courts) to take cognisance of the judgment in Shreya Singhal by which Section 66A of the IT Act has been struck down in its entirety… so that no person should suffer or face any adverse consequences which violate his fundamental rights under Article 21 of the Constitution,” the PUCL urged the Supreme Court.