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‘Distressing’ and ‘shocking’ that people are still tried under Section 66A of IT Act, says SC -Krishnadas Rajagopal

-The Hindu

Six years ago, the Supreme Court struck down the provision as unconstitutional and a violation of free speech.

The Supreme Court on Monday found it “distressing”, “shocking” and “terrible” that people were still booked and tried under Section 66A of the Information Technology Act even six years after the Supreme Court struck down the provision as unconstitutional and a violation of free speech.

Section 66A had prescribed three years’ imprisonment if a social media message caused “annoyance” or was found “grossly offensive”. 

The Supreme Court, in the Shreya Singhal judgment authored by Justice Rohinton F. Nariman in March 2015, had concluded the provision was vague and worded arbitrarily.

On Monday, senior advocate Sanjay Parikh and advocate Aparna Bhat, for the People’s Union for Civil Liberties (PUCL), said the number of cases under Section 66A had actually increased post the judgment.

“What is going on is terrible, distressing! We will issue notice,” Justice Nariman, heading a three-judge Bench also comprising Justices K.M. Joseph and B.R. Gavai, exclaimed.

Attorney General K.K. Venugopal pointed out that law books published post the verdict featured the non-existent Section 66A “in full”.

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