But for the immunity that the elected representatives enjoy inside the Legislative Assembly and Council, the three former BJP ministers –Laxman Savadi, C.C. Patil Krishna Palemar – could have been charged with criminal offence under the Information Technology Act for transmitting pornography on a mobile phone.
Mr. Savadi, former minister for Co-operation, has alleged that Mr. Palemar, the former minister for ports and environment, had forwarded him the pornographic MMS clipping from his cell phone making Mr. Palemar culpable under Section 67 of the IT Act.
It clearly states, “Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeal to the prurient interest … shall be punished … for a term, which may extend to five years and with fine, which may extend to Rs 1 lakh.”
Mr. Savadi was caught on a TV footage watching pornography on a mobile phone with Mr. Patil, former minister for Women and Child Development.
While the IT Act is silent on the private viewing of pornography in electronic form, it has made transmission of such obscene material a cognisable offence. A senior police officer, on condition of anonymity, said that the police cannot register a criminal complaint against the three former ministers because the alleged act took place inside the Assembly.
