SC to consider plea for compliance of 2015 judgment on Sec 66A of IT Act

The Supreme Court is scheduled to consider on Monday a plea by NGO PUCL for a direction to the Centre to issue advisory to all police stations against registering of FIR under Section 66A of the Information Technology Act, declared unconstitutional by the top court on March 24, 2015.

In an application, the organisation contended "shockingly" that Section 66A of the IT Act has continued to be in use not only within police stations but also in cases before trial courts across the country.

By its judgment of March 24, 2015, the top court held that “Section 66A is struck down in its entirety being violative of Article 19(1)(a) (freedom of speech) and not saved under Article 19(2) (reasonable restrictions).” Section 66A of the Information Technology Act, 2000 made posting "offensive" comments online a crime punishable by a jail term of three years.

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"The findings of the Zombie Tracker Website reveal that as of 10.03.2021, as many as a total of 745 cases are still pending and active before the Districts Courts in 11 States, wherein accused persons are being prosecuted for offences under Section 66A of the IT Act," the plea.

The plea asked the court to direct the Centre to collect all the data regarding FIRs or investigations where Section 66A has been invoked as well as pendency of cases in the courts throughout the country. It also sought directions to all the High Courts to ensure compliance with the judgment.

It also said the Union government should publish in all leading newspapers, both English and in the official vernacular informing the general public that Section 66A having been struck down was no longer law.

Earlier too in 2018, an application was filed by PUCL, questioning the continued use of Section 66A.

However, on February 15, 2019, the top court disposed of the matter by directing that the copies of its judgment in Shreya Singhal case should be made available by every High Court in this country to all District Courts. The Union government was told to make available copies of the judgment to Chief Secretaries of all State Governments and Union Territories. The Chief Secretaries were, in turn, directed to sensitise the police departments by sending copies of the judgment to the Director-General of Police in each State.

However, "the information gathered showed that not only the investigations under Section 66A by the police are continuing but even in the trial courts, the application of the provision continues at different stages," it stated.