After the Supreme Court questioned the legality of filing cases under a law which it has struck down, the Home Ministry has written to States asking them to refrain from filing cases under Section 66A of the IT Act and also withdraw such cases.
In an advisory to the States and UTs, Union Home Secretary Ajay Bhalla has pointed out this provision of law is now invalid. In a statement the MHA said, “The Union Ministry of Home Affairs (MHA) has requested States and Union Territories (UTs) to direct all police stations under their jurisdiction not to register cases under the repealed Section 66A of the Information Technology Act, 2000.”
The MHA has also asked States and UTs to sensitise law enforcement agencies for the compliance of the order issued by the Supreme Court on March 24, 2015.
The Ministry further said it has requested States to immediately withdraw cases booked under Section 66A of the IT Act, 2000 in States and UTs.
Section 66A of the IT Act was used to punish online communication which is considered “grossly offensive, menacing or for sending communication which the sender knows to be false to cause annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will”.