THIRUVANANTHAPURAM: Even while discharging scores of cases registered under the scrapped 66-A of IT Act and 118-D of Kerala Police Act, the police are in a tricky situation as they still get more complaints of defamatory remarks through the internet, even one pertaining to the Chief Minister.
Since the Supreme Court had scrapped 66-A and 118-D that dealt with defamatory remarks over the internet, the state had no option but to discharge all the cases registered under this section, many of which pertaining to ‘defamatory campaigns’ against politicians like Finance Minister K.M. Mani, former CPM state secretary Pinarayi Vijayan and even Prime Minister Narendra Modi.
On the other side, the police are confused over how to handle fresh complaints, including the one regarding a social media campaign against Mr Oommen Chandy.
Though there are relevant sections in the Indian Penal Code, those are non- cognisable and hence the police could register cases only on the basis of a court directive.
Hence, genuine petitioners are being advised to approach the court, police sources said. “In the case of existing cases, we had no option but to discharge them as the Supreme Court had scrapped the section. If any other relevant sections or Acts could be applied, such cases would remain,” said state police chief K.S. Balasubramanian.
Nearly 200 cases were registered across the state under the scrapped sections. In the cyber police station in the state capital alone, 43 cases were registered under 66-A.
The police personnel are discussing every such case with the prosecution wings to take a final call on whether any other sections could be applied, said sources.
