NEW DELHI, July 14: The Union Ministry of Home Affairs (MHA) on Wednesday directed the states and union territories to immediately withdraw cases booked under the repealed Section of 66A of the Information Technology Act, 2000.
The MHA has requested that if any case has been booked in states and union territories under section 66A of the IT Act, 2000, such cases should be immediately withdrawn.
The ministry further requested the states and union territories to direct all police stations under their jurisdiction not to register cases under repealed Section 66A of the IT Act, 2000
The states and union territories have also been directed to sensitise law enforcement agencies for the compliance of the order issued by the Supreme Court on March 24, 2015.
Only recently, the Supreme Court had expressed shock after learning that people are still being booked and tried under Section 66A of the IT Act, even six years after the top court struck down the provision as “unconstitutional and a violation of free speech”.
The bench noted that judgement in Shreya Singhal case was delivered on March 24, 2015. Section 66A of the IT Act, 2000, made posting “offensive” comments online a crime punishable by a jail term of three years.
The top court’s observation came on a plea by NGO PUCL, seeking a direction to the Centre to issue advisory to all police stations against registering of FIR under Section 66A of the IT Act.
Senior advocate Sanjay Parikh, representing the NGO, submitted that before Section 66A was struck down, there were 687 cases under it.
“However, after the section was struck down, there are as many as 1,307 cases…It is shocking,” added Parikh.
The NGO had argued that Section 66A of the IT Act is still in use not only within police stations but also in cases before trial courts across the country.
The NGO, in its plea, had said, “The findings of the Zombie Tracker Website reveal that as on 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.”
It may be mentioned that the Supreme Court, in its judgment on March 24, 2015, in the matter of Shreya Singhal Vs Union of India, had struck down Section 66A of the Information Technology Act, 2000.
This made Section 66A of the Information Technology Act, 2000, null and void with effect from the date of the order, March 24, 2015, and hence no action could be taken under this section. (Agencies)
