Petition challenging Sec 66A IT Act SC issues notice to Central Government Asks Maharashtra government to explain the arrest of 2 girls in Facebook row

The Supreme Court has today issued notice in a petition filed by Shreya Singhal challenging the constitutional validity of Section 66 A of the Information Technology Act, 2000..A division bench headed by Chief Justice Altamas Kabir also allowed the impleadment of four states including Maharashtra, West Bengal, Delhi and Puducherry..The Court also asked the Maharashtra government to explain the arrest of Shaheen Dhanda Shaheen Dhada and Rinu Shrinivasan in Palghar in Thane district under section 66A..Attorney General GE Vahanvati said, “Please examine Section 66A of the Information Technology Act, 2000 and I will assist the court on this issue.”.“An abuse of the section does not make it ultra-vires. This section is based on similar provisions in other jurisdictions such as 2003 Act of United Kingdom and the 1996 Act of United States (on the IT laws)”, said Vahanvati..The Attorney General said that Section 66A was “well intended”..He also brought to the notice of the Court the recent guidelines issued by the government, which say that cases to be registered under the provision of the IT Act has to be decided by senior police officers..The bench asked the Centre and the four state governments to file their response within four weeks.The matter will come up for further hearing on January 14, 2013..The Court also allowed cartoonist Aseem Trivedi to be impleaded as a party. The Court while allowing the applicaton stated that the applicant is also a victim of the action taken by the Mumbai Police under Section 66A..Speaking to Bar & Bench, the Petitioner Shreya Singhal said, “This goes against the fundamental rights of the citizens. If you say something in a newspaper or on TV, that’s fine, but if you say it on Facebook, you get arrested. I felt quite strongly about the whole incident and that prompted me to file this petition”.Shreya Singhal v. Union of India