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LATEST NEWS UPDATES | FB posting on Governor lands PUCL activist in custody-S Murali

FB posting on Governor lands PUCL activist in custody-S Murali

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published Published on May 14, 2013   modified Modified on May 14, 2013
-The Hindu


Chirala: The president of the Andhra Pradesh unit of the People's Union for Civil Liberties (PUCL), Jaya Vindhyala, was remanded in judicial custody till May 24 by a court here on Monday, following her arrest on charges of posting derogatory comments on her Facebook timeline on Amanchi Krishna Mohan, MLA of Chirala - a town in Prakasam district - and Tamil Nadu Governor K. Rosaiah.

The police picked up Ms. Vindhyala in Hyderabad on Sunday based on a complaint filed by the ruling party legislator from Chirala. She has been shifted to the district prison.

The police had invoked the provisions of section 66 (A) of the Information Technology Act, and section 120(B) of the IPC which deals with conspiracy. The bail petition would be heard on Tuesday.

The PUCL activist's arrest has once again triggered a debate over the use, misuse and abuse of the provisions of the Information Technology act. Ms. Vindhyala had been opposing the local legislator on various issues and had brought out a fact-finding committee report on various issues accusing the legislator of malpractices.

to delete her postings, but her timeline continues to show all her posts as on Monday night.

Senior advocate in New Delhi, Apar Gupta felt that the offence alleged to have been caused seemed to be an offence of defamation covered under Section 499 of the IPC. He said the addition of Section 66A to the FIR was now a growing phenomenon, where any crime with a remote connection to the Internet was getting an obligatory reference to section 66A of the IT Act.

"This is a real problem which is leading to watering down the safeguards against the registration of criminal cases where a complaint has to disclose the specific factual particulars which then in turn lead to the attraction of a specific offence. Since 66A is loosely framed and contains scant legislative guidance, so it can be easily applied in most cases," Mr. Gupta, who works with Internet companies, pointed out.

In a statement, PUCL's national general secretary, V. Suresh, questioned the need for the arrest quoting Supreme Court directions, which stipulated that an arrest was not necessary if the accused would appear before the police on summons and when there was no danger of the person absconding, threatening witnesses or tampering with evidence.


The Hindu, 14 May, 2013, http://www.thehindu.com/todays-paper/fb-posting-on-governor-lands-pucl-activist-in-custody/article4713032.ece


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