Snippet: Supreme Court Issues Notice to Govt. in Student's PIL Challenging Section 66A of the IT Act, 2000

The legality of Section 66A of the Information Technology Act, 2000 (the provision has been interpreted on this blog here and here), has been challenged in a PIL (Public Interest Litigation) before the Supreme Court by a Delhi-based law student, Ms.Shreya Singhal.

The PIL has been admitted by the Chief Justice of India, Hon’ble Justice Altamas Kabir. The Apex Court has issued notice to the Government, and the Attorney General has been asked to respond tomorrow, November 30, 3012.

Meanwhile, in the aftermath of the arrests of two girls over a Facebook comment, the Government seems to have finally woken up to the mischievous application of the provision, and has reportedly issued guidelines governing the application of the Section 66A.

According to news reports, prior approval from an officer of DCP level in rural areas and IG level in metropolitan areas will need to be sought before a complaint is registered under Section 66A. The practical efficacy of these guidelines has been questioned by practitioners of the law.

For now, it would be interesting to see the Government's stance before the Supreme Court on the provision tomorrow.