Supreme Court expresses shock as cases still being filed under scrapped IT law, issues notice to Centre

LE Desk

New Delhi, July 5, 2021: The Supreme Court on Monday expressed shock and displeasure as it was told that over 1,000 cases have been filed under Section 66A of the IT Act since it was struck down seven years ago. 

“It is shocking. We will issue notice,” a three-member bench of Justices R Nariman, KM Joseph and BR Gavai said. Justice Nariman added: “Amazing. What is going on is terrible”, reported NDTV.

The court has sought a response from the centre in two weeks’ time.

The apex court was hearing a plea by NGO People’s Union for Civil Liberties (PUCL) seeking directions to the Centre to advise all police stations against registering FIRs under this law.

The IT Act’s Section 66A – a controversial law that allowed police to arrest people for posting “offensive” content online – was scrapped by the top court on March 24, 2015, in a landmark judgement. The court had described the now-defunct law as “vague”, “unconstitutional” and a “violation of free speech”.

Appearing for the petitioner, senior advocate Sanjay Parikh told the court, “Please look at how cases have increased… people are suffering”, and urged it to direct the Centre to collect all data on FIRs and active investigations under this scrapped law, as well as cases still pending in courts.

Parikh said that prior to the scrapping of Sec 66A there were 229 cases in 11 states. Since then, he told the court, that number has risen to 1,307, of which 570 are still pending, reported NDTV.

Responding on behalf of the Centre, Attorney General KK Venugopal pointed out:

“Even if it is struck down by the Division Bench, Section 66A is still there. When the police has to register a case it is still there… only a footnote that the Supreme Court has struck it down. There has to be a bracket in 66A with words ‘struck down’.”

Sec 66A was struck down in 2015 after it was first challenged by a law student named Shreya Singhal. This was after two young women were arrested in Mumbai in 2012 for posting comments critical of the total shutdown in the city after the death of Shiv Sena supremo Bal Thackeray.

Section 66A read: “Any person who sends by any means of a computer resource any information that is grossly offensive or has a menacing character; or any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult shall be punishable with imprisonment for a term which may extend to three years and with fine.”