Drop charges u/s 66A of IT Act: Gauhati High Court to lower Courts

STAFF REPORTER

GUWAHATI: The Gauhati High Court has directed that "in cases where charges under Section 66A of the Information Technology Act, 2000 are framed, and which are pending before the various Courts, the accused person be set at liberty forthwith. If in addition to the charge u/s 66A of the Information Technology Act, 2000, other charges are also framed under different Acts, the charge u/s 66A of the Information Technology Act, 2000, be dropped".

The High Court said all Courts shall henceforth strictly abide by these directions.

On March 24, 2015, in the Shreya Singhal v. Union of India case, the apex court struck down "Section 66A of the Information Technology Act, 2000". The court found the law "in its entirety being violative of Article 19(1)(a) and not saved under Article 19(2)", and that "it is clear that Section 66A arbitrarily, excessively and disproportionately invades the right of free speech and upsets the balance between such right and the reasonable restrictions that may be imposed on such right".

In the first week of this month, the Supreme Court issued notices to all states, Union territories and registrars general of High Courts on a plea highlighting continued use of Section 66A of Information Technology Act even though it was held unconstitutional by the apex Court in 2015. "This cannot continue," the top court said.

Section 66A of the Information Technology Act, 2000 made it a punishable offence for any person to send 'grossly offensive' or 'menacing' information using a computer resource or communication device.

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