NEW DELHI: The Supreme Court on Tuesday observed that it was a matter of “serious concern” that cases under Section 66A of the Information Technology Act which granted the government powers of arrest for grossly offensive information posted online were still being registered irrespective of the SC scrapping it seven years ago.
A bench of CJI UU Lalit and Justice SR Bhat asked Centre to get in touch with the Chief Secretary of errant states and impress upon them to take remedial measures. Court granted the Centre three weeks to complete the exercise.
“However, there still appears some instances where the concerned provision was and has been invoked and crimes are still pending for consideration. A matter of serious concern is that despite pronouncement by SC, offences are still being registered and being continued. In circumstances, we have asked Zoheb Hussain, who appears for the Union of India to get in( touch with the concerned Chief Secretary of states where offenses are still being registered & stand registered and impress upon the Chief Secretary to take remedial measures as early as possible."
"Hussain shall be rendered due assistance by concerned advocates for the state in order to have complete assessment of the probe, Hussain shall be at liberty to write the communication to CS asking for relevant information. Advocates are directed to apply information in the form of an affidavit and such material as may be. Let it be done within 3 weeks and list the matter after three weeks,” the bench said in its order.
The bench also noted that no case under Section 66A was presently pending in most of the states.
“Most of the states have submitted before us that directions issued are being observed and followed and that no case is presently pending in respect of alleged offence under Section 66 A of the Act,” the order also said.
The top court’s order came in a plea filed by NGO People Union for Civil Liberties.
Also in top court
Yogi govt asked to reply on Teni son’s bail plea
The Supreme Court on Tuesday sought a response from the Uttar Pradesh government on a plea filed by Ashish Mishra, son of Union Minister Ajay Mishra alias Teni, seeking bail in a case related to Lakhimpur Kheri violence in which eight persons had died.
The Lucknow bench of the Allahabad High Court had on July 26 rejected the bail plea of Mishra. His plea challenging the high court order came up for hearing before a bench of Justices Indira Banerjee and M M Sundresh.
Kappan has deep PFI links, says UP government
Kerala-based journalist Siddique Kappan, arrested in October 2020 on way to Hathras where a Dalit woman had died after allegedly being gang-raped, has deep links with the PFI and is part of a larger conspiracy to “incite religious discord and spread terror”, UP government has told the Supreme Court. The UP govt opposed the bail plea moved by Kappan.
Shinde faction’s claim on Sena may be listed
The SC on Tuesday took note of the Eknath Shinde faction’s claim about the Uddhav Thackeray camp stalling the proceedings before the poll panel where the former’s application staking claim over the Shiv Sena and its symbol is pending, and said it will consider listing its plea before a constitution bench.
The EC is seized of a plea by the faction led by Chief Minister Eknath Shinde.
Consider prisoners’ early release, UP told
The SC on Tuesday asked the UP government to follow the criteria laid down in its 2018 policy while considering within four months the issue of premature release of 512 prisoners who are serving life imprisonment and have moved the apex court.
A bench of Justices D Y Chandrachud and Hima Kohli noted that the state government’s 2018 policy for premature release of life convicts has been amended on July 28, 2021, and May 2022, and many provisions have been liberalised.