No arrest for posts on social sites without permission from senior police officials: SC

The apex court which refused to pass an order for a blanket ban on the arrest of a person for making objectionable comments on websites said state governments should ensure strict compliance of the Centre39s January 9 advisory which said that a person should not be arrested without taking permission from senior police officials quotWe direct the state governments to ensure compliance with the guidelines issued by Centre before making any arrestquot a bench of justices BS Chauhan and Dipak Misra said It said the court cannot pass an order for banning all arrest in such cases as operation of section 66A pertaining to objectionable comments of the Information Technology Act has not been stayed by the apex court which is examining its constitutional validity Representational pic In view of public outrage over people being arrested for making comments or liking posts on Facebook Centre had on January 9 issued advisory to all states and UTs asking them not to arrest a person in such cases without prior approval of a senior police officer The advisory issued by the Centre says that quotState governments are advised that as regard to arrest of any person in complaint registered under section 66A of the Information Technology Act the concerned police officer of a police station may not arrest any person until shehe has obtained prior approval of such arrest from an officer not below the rank of Inspector General of Police IGP in metropolitan cities or of an officer not below the rank of Deputy Commissioner of Police DCP or Superintendent of Police SP at district level as the case may bequot The apex court was hearing an application seeking its direction to the authorities not to take action for posting objectionable comments during the pendency of a case before it pertaining to constitutional validity of section 66A of the Information Technology IT Act The section states that any person who sends by means of a computer resource or communication device any information that was grossly offensive or has a menacing character could be punished with imprisonment for a maximum term of three years besides imposition of appropriate fine The petition was also filed regarding the arrest of a Hyderabadbased woman activist who was sent to jail over her Facebook post in which certain quotobjectionablequot comments were made against Tamil Nadu Governor K Rosaiah and Congress MLA Amanchi Krishna Mohan After filing of the petition she was released by a district court at Hyderabad Jaya Vindhayal the state general secretary of People39s Union for Civil Liberties PUCL was arrested on May 12 under section 66A of the IT Act for the quotobjectionablequot post According to the police she had also allegedly distributed pamphlets making objectionable allegations against Rosaiah and Mohan before posting the comments online The matter was mentioned before the bench by law student Shreya Singhal seeking an urgent hearing in the case saying the police is taking action in such matters even though a PIL challenging validity of section 66A is pending before the apex court She had filed the PIL after two girlsShaheen Dhada and Rinu Shrinivasanwere arrested in Palghar in Thane district under section 66A of IT Act after one of them posted a comment against the shutdown in Mumbai following Shiv Sena leader Bal Thackeray39s death and the other 39liked39 it On November 30 2012 the apex court had sought response from the Centre on the amendment and misuse of section 66A of IT Act and had also directed the Maharashtra government to explain the circumstances under which the 21yearold girls were arrested Pursuant to the notice issued by the apex court the Centre had informed it that the controversial provision in the cyber law under which two girls were arrested for Facebook comments did not curb freedom of speech and alleged quothigh handednessquot of certain authorities did not mean that it was bad in law The Ministry of Communication and Information Technology in its affidavit had said that an advisory had been issued to all the state governments saying that due diligence and care may be exercised while dealing with cases arising out of the alleged misuse of cyberspace The Maharashtra Government in its reply had said the arrests of girls in Thane district were quotunwarrantedquot and quothastyquot which quotcannot be justifiedquot The state government had also submitted an affidavit stating that the Thane police SP Rural had been suspended for arresting the two girls despite the instruction by the IGP not to take such action The court had earlier issued notices and sought responses from governments of Delhi West Bengal and Puducherry where a professor and a businessman were arrested under section 66A of the Act for a political cartoon and tweeting against a politician respectively u00a0