New Delhi: The Union Home Ministry has ordered states and Union Territories not to file cases under the repealed Section 66A (repealed Section 66A of the Information Technology Act, 2000) of the Information Technology Act, 2000 to all police stations under their jurisdiction. The Home Ministry has also asked states and Union Territories to sensitize law enforcement agencies to comply with the order issued by the apex court on March 24, 2015, to abolish Section 66A of the IT Act.
In fact, a petition has been filed by the People's Union for Civil Liberties (PUCL) stating that seven years after the expiry of this section, a total of 745 cases are still pending in district courts in 11 states till March 2021. The accused in these cases are being tried under Section 66A of the IT Act. The Home Ministry has sent notices to all states and Union Territories on the petition. The Home Ministry has appealed to the States that if a case has been registered under Section 66A of the IT Act, 2000 in the States and Union Territories, such cases should be withdrawn immediately.
The apex court said it was surprising to know that the states were using Section 66A of the IT Law to punish online communications. An advisory sent by the Ministry of Home Affairs to the States said that the Supreme Court in its judgment in the case of Shreya Singhal vs. Union of India on March 24, 2015, removed Section 66A of the Information Technology Act, 2000, effective from the date of the order and hence no action can be taken under it.
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