Facebook post: From SC's remark to Azam Khan's defence, know all about controversy
New Delhi, March 20: Days after a school boy was arrested over posting objectionable comments against senior SP leader Azam Khan on Facebook, the Supreme Court has reprimanded Uttar Pradesh Police. The Apex Court has sought explanation from Police on the circumstances leading to the arrest.
A bench comprising justices J Chelameswar and R F Nariman asked the UP police to file response to the petition alleging that the Supreme Court advisory that section 66A of the Information Technology Act would not be invoked without consultation of high ranking police officers like IG or DCP was violated.
"We will examine," the bench said and posted the matter after four weeks.
Senior advocate Soli Sorabjee, appearing for petitioner in the matter, drew the attention of the bench to the apex court's May 16, 2013, advisory which made it clear that no case would be lodged under the controversial provision of the law unless and until there is an approval from high ranking officers like IG or DCP.
The counsel appearing for UP government said that nothing has been left in the matter as the boy has been released on bail and there are remedies available to him under the law.
PIL
against
validity
of
section
66A
of
the
IT
Act
When
Sorabjee
said
that
during
the
hearing
of
petitions
challenging
the
validity
of
the
section
66A
of
the
IT
act
he
should
have
pressed
for
the
stay
of
the
operation
of
the
provision,
the
bench
said,
"Very
often
the
laws
are
misused
but
we
can
not
stay
all
laws
because
of
being
misused."
The SC had yesterday agreed to hear the plea seeking explanation from the UP Police on the matter in which a Class XII student was arrested for allegedly posting on Facebook 'objectionable' comments against the leader.
By the time advocate Manali Singhal made an oral mention of the application, news had reached that the 19-year-old youth was granted bail and would walk out of the jail shortly on completion of formalities. A local court had on March 18 sent the Bareilly youth to 14 day judicial custody.
The present application questioning his arrest was filed by a Delhi-based girl and law student Shreya Shingal, who was the first person to file a PIL challenging the validity of section 66A of the IT Act.
She has also sought amendment in Section 66A of the Act, after two girls -- Shaheen Dhada and Rinu Shrinivasan -- 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.
When Azam Khan defended police action
Justifying police action, Khan Khan had told reporters, "A Class XII student has made objectionable comments against me on FB. Law is enforced with strictness and he has been arrested within 24 hours. Comments were made against me earlier also on FB".
What
boy
did?
19-year-old
Vicky
Khan
from
Bareilly
had
allegedly
uploaded
a
'fake'
comment
on
Facebook
that
was
provocative
and
attributed
to
Azam
Khan.
The student of a Bareilly school was sent to jail by a local court on March 18 after being booked under the controversial Section 66A of the Information Technology (IT) Act and for breach of peace by the Rampur police. According to Circle Officer of Police Aley Hassan, the boy had posted comments on Facebook which could incite communal tensions and spoil peace and harmony.
Boy
got
bail
on
Thursday
A
court
on
Thursday
granted
bail
to
the
Class
XII
student
who
was
arrested
for
allegedly
posting
on
Facebook
'objectionable'
comment
against
senior
Samajwadi
Party
leader
and
Uttar
Pradesh
Minister
Azam
Khan.
Judicial
Magistrate
Azad
Singh,
who
granted
the
relief
on
two
bail
bonds
worth
Rs
20,000
each,
has
asked
the
youth
to
cooperate
with
police
during
investigation.
OneIndia News
(with inputs from agency)