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Showing posts from August, 2020

Absence of 66A - A Paradise for Hate Speeches

In Shreya Singhal Case, A bench constituting Chalmeshwar and Rohinton Nariman JJ., delivered the judgment declaring Section 66A of Information technology Act 2000 ( Amended in 2008) as unconstitutional. It is one of the landmark judgments on Right to speech and expressions, certainly, a cross over since  Benett Coleman case ( AIR 1973 SC 106)  which redefined the freedom of press. The Apex court has already established the freedom of press in many cases and especially after the notorious internal emergency period.       Some girls who ‘liked’ a post condemning the violence orchestrated on the occasion of the death of Bal Thackrey were booked under section 66A of Information technology Act. In Persuant to lodging of FIR they were arrested. Certainly this kind of situation exhibited the ‘draconian’ shade of the legislation. Shreya Singhal, a Delhi based Law student filed a writ petition before the Apex court challenging the constitutionality of Section 66A of...

Comment & Contempt

Recently Supreme Court has slapped contempt proceedings against senior Advocate Prashant Bhushan in which Twitter India has been added as party. Dehors the law relating to Liability is Intermediaries Under Information Technology Act, I though of making a right up Regarding fair comment/criticism and contempt of court. (A separate blog post on intermediary is on pipeline).       As per section 2 (c) of Contempt of courts Act, Any one who commits the following acts would be liable the for the indictment for criminal contempt.  Scandalises or tend to scandalise or lowers or tends to lower the authority of any court  Prejudices or interfere or tends to interfere with the due course if any judicial proceedings Interfere or tends to interfere with or obstructs or tends to obstruct the administration of justice in any other manner.     The Privy council in a judgment in  Andre Paul vs Attorney General of Trinidad  AIR 1936 PC 141 has observed t...