Supreme Court verdict on validity of section 66A of IT Act likely today - Livemint

The government earlier argued that 66A cannot be “quashed” merely because of the possibility of its “abuse. Photo: Mint

New Delhi: The Supreme Court is likely to pronounce on Tuesday its verdict on a batch of petitions challenging the constitutional validity of certain sections of cyber law—including a provision under which a person can be arrested for allegedly posting “offensive” content on websites.

A bench of justices J. Chelameswar and R.F. Nariman had on 26 February reserved its judgement after the government concluded its arguments contending that section 66A of the Information Technology Act cannot be “quashed” merely because of the possibility of its “abuse”.

Additional solicitor general Tushar Mehta had said that the government did not want to curtail the freedom of speech and expression at all which is enshrined in the Constitution, but the vast cyberspace could not be allowed to remain unregulated. However, the court had said that terms like ‘illegal’, ‘grossly offensive’ and ‘menacing character’ were vague expressions and these words were likely to be misunderstood and abused.

Some of the petitions seek setting aside of section 66A of the Information Technology Act which empowers police to arrest a person for allegedly posting offensive materials on social networking sites.

The first PIL on the issue was filed in 2012 by a law student Shreya Singhal, who sought amendment in Section 66A of the Act, after two girls—Shaheen Dhada and Rinu Shrinivasan—were arrested in Palghar in Thane district as one of them posted a comment against the shutdown in Mumbai following Shiv Sena leader Bal Thackeray’s death and the other ‘liked’ it.

The apex court had on 16 May 2013, come out with an advisory that a person, accused of posting objectionable comments on social networking sites, cannot be arrested without police getting permission from senior officers like the IG or the DCP. The direction had come in the wake of numerous complaints of harassment and arrests, sparking public outrage. It had, however, refused to pass an interim order for a blanket ban on the arrest of such persons across the country.