- Supreme Court’s strong stand on the provision of IT Act held unconstitutional
- The top court said that it will give a comprehensive order so that the case under 66A is not registered
- The Supreme Court had repealed it in 2015, yet cases were being filed.
The Supreme Court has given a strong reaction to the filing of cases under the Information Technology Act i.e. Section 66A of the IT Act, despite being declared unconstitutional. Also, it has issued notices to the states, union territories and all high courts to put a stay on it. The Supreme Court said that it will pass a comprehensive order so that the practice of filing cases under Section 66A of the IT Act will be done away with.
The Supreme Court said, ‘It cannot go on like this. We will pass a comprehensive order for the court and the police.’ Along with this, notice has also been issued to the Registrar of High Courts across the country during the hearing of the petition filed in this case by the apex court. On the notice of the Supreme Court, the central government had replied that the matter of law and order was a state subject. After this, the Supreme Court on Monday asked the states and union territories to file their replies.
The court commented on the ongoing use of IT Act 66A and said that we will pass a comprehensive order. The court has issued notices to all the states and UTs. Even after the Supreme Court had declared Section 66A of the IT Act unconstitutional in 2015 itself, thousands of cases have been registered under this section across the country.
Earlier, in a hearing on July 5, the Supreme Court had expressed surprise to learn that cases were being registered under a legal provision that was repealed six years ago. Then the central government on July 14 directed the state governments not to register a case under section 66A of the IT Act to the police. This section deals with commenting online. In 2015, the Supreme Court struck down the controversial Section 66A that criminalized making “derogatory” remarks online.