New Delhi: The Supreme Court on Friday asked the UP government to file its response to an application questioning the arrest of a school boy for posting comments on Facebook attributing to Samajwadi party leader Azam Khan.
A Bench of Justices J. Chelameswar and Rohinton Nariman who had reserved judgment on the legality of Section 66 A of the Information Technology Act under which arrests for posting objectionable comments in the social media, granted four weeks to the state to file affidavit. Shocked at the arrest of a 19-year-old Gulrez Khan on March 16, advocate Manali Singhal filed an application pleading for stay of the proceedings before a trial court in Uttar Pradesh.
On Friday, senior counsel Soli Sorabjee appearing for the petitioner submitted before the Bench “the apprehensions we expressed during the hearing that the provision is being abused has come true. The state government had not followed the advisory issued by the Centre regarding arrests.” Justice Chelameswar told Mr Sorabjee “there is bound to be abuse of every law. We are already examining the validity of Section 66A.”
Counsel Gaurav Bhatia for UP government told the court that the boy had been released on bail in a case registered for offences under IPC Sections 153 a (inflammatory writings), 504 (Intentional insult with intent to provoke breach of the peace) and 506 (punishment for criminal intimidation) and also under Section 66A of the IT Act. He said the comments were highly derogatory. He said the state would explain the circumstances of arrest.
The boy posted a statement on Facebook, attributing to Mr Khan and it reads “let Hindu leaders wear skull cap, but we Muslims would never sport tilak. Hindus accord to Namaz, we Muslims would always boycott Vande Mataram because Islam prohibits both secularism and love for one’s country.”
On a complaint, the UP police arrested the boy and remanded him to judicial custody.
