On Monday, Supreme Court of India said that it is shocking that people are still being booked under Section 66A of the Information Technology Act that was scrapped by the apex court verdict in 2015.
Under the scrapped section 66A of the IT Act, a person posting offensive messages could be imprisoned for up to three years as also fined.
An application was filed by an NGO, ‘People’s Union for Civil Liberties’ (PUCL). In response to that application, a bench of Justices R F Nariman, K M Joseph and B R Gavai issued notice to the Centre.
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The bench told senior advocate Sanjay Parikh, appearing for PUCL, “Don’t you think this is amazing and shocking? Shreya Singhal judgement is of 2015. It’s really shocking. What is going on is terrible.”
Parikh stated that in 2019, the Apex court had given express directions that all state governments should sensitise police personnel about the March 24, 2015 judgement. The advocate added that despite the 2015 judgement and the court’s express directions, thousands of cases have been registered under the section.
In response to the advocate, the bench said, “Yes, we have seen those figures. Do not worry, we will do something.”
Parikh said that there has to be some kind of method to handle the matter as people are suffering.
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Attorney General K K Venugopal, appeared for the Centre over the matter. He said that on perusal of the IT Act it can be seen that section 66A features in it, but in the footnote it is written that the provision has been scrapped.
Venugopal said, “Now when a police officer has to register a case, he sees the section and registers the case without going through the footnote. Instead what can be done is that we can put a bracket just after section 66A and mention that it has been scrapped. We can in the footnote put the entire extract of the verdict.”
Justice RF Nariman said, “You please file counter in two weeks. We have issued a notice. List the matter after two weeks.”
The Apex Court was hearing a fresh application of PUCL. The court said, “Shockingly, despite the order dated February 15, 2019 and steps taken towards compliance thereof, the Applicant discovered that 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.”
The NGO sought direction to the Centre to collect all data/ information regarding FIRs/ investigations where Section 66A has been invoked as well as pendency of cases in the courts throughout the country where proceedings under the provision are continuing in violation of the 2015 judgment.
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PUCL also sought direction to Supreme Court’s registry to communicate to all the District Courts throughout the country (through respective High Courts) to take cognizance of the 2015 judgment, so that no person should suffer or face any adverse consequences which violate his fundamental rights under Article 21 of the Constitution.
The NGO (PUCL) said that the Centre should be directed to issue an advisory to all police stations not to register cases under the repealed Section 66A.
On February 15, 2019, the Apex court had directed all state governments to sensitise their police personnel about its March 24, 2015 verdict which had scrapped Section 66A of Information Technology Act, so that people are not unnecessarily arrested under the struck down provision.
The Apex Court had asked all the high courts to send the copy of the verdict to all the trial courts to save people from being prosecuted under the scrapped provision which provided for jail term to people who posted offensive content online.
