The Supreme Court on Tuesday directed the Centre to get details from the state governments where cases are still being filed under the scrapped Section 66A of the Information Technology Act.
The apex court did so after expressing serious concern that despite the provision — which gives law enforcement agencies powers to arrest for any offensive social media posts — being declared unconstitutional by it way back in 2015, various state governments are still filing cases under it.
“We direct the Central government counsel Zoheb Hossain to get in touch with concerned chief secretaries of respective States where offences are being registered or pending so that the chief secretaries take remedial measures. Hossain shall be rendered due assistance by the concerned advocates appearing for the States. Hossain can write to chief secretaries to communicate and the concerned advocates to submit a detailed affidavit on steps taken,” a bench headed by Chief Justice UU Lalit stated in its order.
It also noted that most states had submitted that their governments have “scrupulously followed” the Shreya Singhal judgement, but “still it appears that the provision is being invoked”.
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Declaring Section 66A as unconstitutional in the Shreya Singhal case in 2015, the SC had described it as “vague”. It had held that the Section is being struck down in its entirety as it is violative of Article 19(1)(a) (freedom of speech) and not saved under Article 19(2) (reasonable restrictions).
The Section made posting “offensive” comments online punishable by a jail term of three years.
Last year also the SC had expressed displeasure over registration of FIRs on the basis of this Section.