Prior approval must to arrest under Section 66A: SC


New Delhi, May 16 (IANS): The Supreme Court Thursday said no person would be arrested under Section 66A of the IT Act for posting objectionable comments on social networking websites without prior approval from an officer of the Inspector General of Police-rank.

The apex court's vacation bench of Justice B.S. Chauhan and Justice Dipak Misra passed the order after hearing a plea by Shreya Singhal, who had petitioned the court against the arrest of an activist Jaya Vindhyalaya (who has since been released) under provisions of the IT Act on a complaint filed by an Andhra Pradesh MLA.

The People's Union for Civil Liberties activist had allegedly posted derogatory comments on her Facebook timeline on Chirala MLA Amanchi Krisna Mohan and Tamil Nadu Governor K. Rosaiah.

Police had invoked the provisions of Section 66A of the IT Act and Section 120B (Conspiracy) of the Indian Penal Code against Vindhyalaya.

Thursday's order came after Additional Solicitor General Siddharth Luthra informed the court that the centre on Jan 9 this year had issued an advisory to the states on the procedure to be followed before police acted on complaints filed under Section 66a of the IT Act.

Section 66A of the Information Technology Act deals with punishment for sending offensive messages through communication service, which cause annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will.

  

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Comment on this article

  • Valerian Dsouza, Udupi/Mumbai

    Thu, May 16 2013

    Prior approval must to arrest under Section 66A: SC. GOOD !
    Otherwise the act would have been misused to curb civil liberties.
    However, people MUST exercise caution and restraint, should be truthful, as the posted records are documented!
    Aggrieved party is at liberty to file defamation suit!

    DisAgree Agree [5] Reply Report Abuse

  • C Sharath, Mangalore

    Thu, May 16 2013

    Ok cool...now more of those MMS-madam & Caged parrot may follow..:)

    DisAgree [6] Agree [8] Reply Report Abuse

  • Praveen Kumaresh, Bengaluru.

    Thu, May 16 2013

    Section 66-A of IT Act is being Widely Misused by the powerful people to silence their critics or hide their wrong doings, including corrupt Bank utives for silencing their subordinates who want to expose the corruption of higher-Ups.

    DisAgree Agree [21] Reply Report Abuse


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