In the following case, the Hon’ble Supreme Court struck down Section 66 A of eh I.T. Act:
Question
In the following case, the Hon’ble Supreme Court struck down Section 66 A of eh I.T. Act:
Solution
The case in which the Hon’ble Supreme Court struck down Section 66 A of the IT Act is "Shreya Singhal vs Union of India". Here are the steps that led to this decision:
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Shreya Singhal, a law student, filed a Public Interest Litigation (PIL) in 2012 challenging the constitutional validity of Section 66A of the Information Technology Act, 2000. This section was often used by authorities to arrest individuals for posting content deemed to be 'offensive' or 'menacing' on the internet.
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The case was heard by a bench of justices, including Justice J. Chelameswar and Justice Rohinton F. Nariman.
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The Supreme Court examined whether Section 66A violated the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India.
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The court found that the terms used in the section like 'offensive' and 'menacing' were vague and undefined, leading to misuse of the law. It also found that the section did not fall within the reasonable restrictions to freedom of speech and expression provided under Article 19(2) of the Constitution.
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On March 24, 2015, the Supreme Court delivered its judgment, striking down Section 66A of the IT Act as unconstitutional. The court held that the section was arbitrary, excessive and violated the right to free speech.
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