CASE LAWS: Shreya Singh vs Union of India [Writ Petition (Criminal) No. 167 of 2012]
DNA India: In a landmark judgment, Supreme Court has struck down Section 66A of the IT Act. In their order, the court said, Section 66A is violative of Article 19(1)(a), not saved by Article 19(2), hence unconstitutional.
The division bench said public’s right to know is directly affected by Section 66A of Information Technology Act. The apex court also said Section 66A of IT Act clearly affects Right to Freedom of Speech
and Expression enshrined under Constitution.
SC, however, refused to strike down two other provisions of the IT Act that provide blocking of sites.
Thr Court said there is a difference between discussion, advocacy and incitement.Discussion & advocacy, no matter how annoying, is allowed said the division bench in it’s judgment. Court while delivering the verdict said liberty and liberty of thought is of paramount importance in a country like India.