SC seeks UP govt’s explanation over student’s arrest for Facebook post
The Supreme Court issued a notice to the Uttar Pradesh government, seeking explanation over the arrest. (SOurce: Express Archive)
The Supreme Court on Friday issued a notice to the Uttar Pradesh government, seeking explanation over arrest of a Class XI student for allegedly posting “objectionable” comments on the Facebook against Samajwadi Party leader and Minister Azam Khan.
The court asked the state government to file its written response within four weeks and explain the circumstances in which the youth was detained.
The state counsel told the court that the arrest was made not only under Section 66A of the Information Technology Act but also for charges relating to criminal intimidation and trying to disturb communal harmony.
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He also said that the youth was not 19 but 23 years old and what he posted was “derogatory and inflammatory.” The counsel pointed out that he has been release on bail yesterday.
The court said it would examine the facts after the state files its detailed reply.
The application was heard by a bench of Justices J Chelameswar and Rohinton F Nariman.
During the arguments, applicant made a submission regarding staying the operation of Section 66A, which empowers police to make arrests over contentious social posts.
The bench however said that every law was bound to be abused and that alone could not be a reason to stay the operation of a stature. “We will decide finally on the validity of Section 66A,” it added.
A bunch of petitions have alleged Section 66A to be an unconstitutional fetter on the freedom of speech and expression.
The application was filed by law student Shreya Shingal, who was the first person to file a PIL challenging the validity of section 66A of the Act. She had moved the court after two girls 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.
Source:: Indian Express
