FB post on Azam Khan: SC seeks UP govt’s reply

TNN

New Delhi, 20 Mar 2015: The Supreme Court on Friday sought explanation from UP government for arresting 11th standard student for putting objectionable post on Facebook against Azam Khan.

 

The court issued notice to the state government and directed it to file its response within four weeks.

 

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. 

 

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." 

 

On Monday evening, Rampur police had arrested the student of a reputed public school in Bareilly for uploading what they called an "objectionable" post against Khan.

 

According to the police, the student was booked under Section 66A of the IT Act and Sections 153A (promoting enmity between different groups on grounds of religion, race etc), 504 (intentional insult with intent to provoke breach of peace) and 505 (public mischief) of the IPC.

 

As the Class XI student stepped out of jail in Rampur after spending two nights behind bars, he asserted that he had not uploaded any objectionable post against UP minister Azam Khan and only shared it. "I appeal to the student community not to use Facebook, or else the minister’s orders will land them inside jail," he said.