Supreme Court expresses disbelief on continued use of Section 66A of IT Act

The Supreme Court docket on Monday mentioned it was “wonderful” and “surprising” that persons are nonetheless being booked underneath Part 66A of the Info Know-how Act, which was scrapped by the apex courtroom in 2015.

A bench of Justices RF Nariman, KM Joseph and BR Gavai issued discover to Centre on an software filed by Peoples Union For Civil Liberties (PUCL), a non-governmental organisation.

“Do not you assume that is wonderful and surprising? Shreya Singhal judgement is of 2015. It is actually surprising. What’s going on is horrible,” the bench instructed senior advocate Sanjay Parikh, showing for PUCL.

Parikh mentioned that regardless of specific instructions of the courtroom in 2019 that each one state governments ought to sensitise police personnel concerning the March 24, 2015, judgement, 1000’s of circumstances have been registered underneath the part.

The bench mentioned, “Sure, we now have seen these figures. Don’t be concerned we’ll do one thing”.

Parikh mentioned there must be some sort of technique to deal with the matter as persons are struggling. Justice Nariman instructed Parikh that he ought to learn his dissent verdict in Sabarimala judgement and it’s actually surprising.

Legal professional Common KK Venugopal, showing for the Centre, mentioned that on perusal of IT Act it may be seen that Part 66A options in it and within the footnote one can see it written that the availability has been scrapped.

“Now when a police officer has to register a case, he sees the part and registers the case with out going by means of the footnote. As a substitute what may be executed is that we are able to put a bracket simply after Part 66A and point out that it has been scrapped. We are able to within the footnote put all the extract of the decision,” he mentioned.

Justice Nariman mentioned, “You please file counter in two weeks. We’ve issued a discover. Checklist the matter after two weeks.”

The highest courtroom was listening to a recent software of PUCL saying, “That, shockingly, regardless of the order dated February 15, 2019, and steps taken in direction of compliance thereof, the applicant found that Part 66A of the IT Act has continued to be in use not solely inside police stations but additionally in circumstances earlier than trial courts throughout India.”

The NGO mentioned, “That regardless of the order handed by this Court docket on February 15, 2019, directing that copies of the judgment of this Court docket in Shreya Singhal ought to stay out there with each Excessive Court docket in addition to all of the District Courts and that the police departments in all the nation i.e. all States and UTs be sensitized concerning the mentioned judgment, the information talked about above present that not solely the investigations underneath Part 66A by the police are persevering with however even within the trial courts.” Newpaper24