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Landmark SC Ruling Calls Sec 66 A Unconstitutional

PUBLISHED BY: SURENDER KUMAR
MARCH 24, 2015

   
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Landmark SC Ruling Calls Sec 66 A Unconstitutional

 Landmark SC Ruling Calls Sec 66 A Unconstitutional

 

The Supreme Court has struck down the controversial Section 66A of the Information Technology Act calling it "unconstitutional and untenable". The apex court delivered the landmark judgement on a petition filed by Shreya Singhal, who had sought amendment in the IT Act. Singhal had filed the petition after two girls -  were arrested in Thane as one of them phad posted a comment against the shutdown in Mumbai following Shiv Sena leader Bal Thackeray's death and the other 'liked' it.

According to the court, the section affected the freedom of speech and expression, and further said that the grounds of arrest under it were vague. The court said "what may be offensive to a person, may not be offensive to others". While refusing to consider the Centre's assurance on not abusing the law, the court said the governments come and go but the section will remain forever. The government had appealed that the section should not be struck down. The section give the police sweeping powers of arrest for sending offensive messages from mobiles and computers with up to 3 years in jail.

The court, however, refused to strike down two other provisions of the IT Act, which provide for blocking of sites.



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