Arrests: HC issues notices to Facebook, State, Centre

January 31, 2013

High_Court
Bangalore, Jan 31: The High Court, on Wednesday, ordered notice to social media websites including Facebook and the State and Union governments over a petition seeking to prevent the misuse of Section 66 (a) of the IT Act 2000, which led to the arrest of several persons for posting comments on some of these websites.

The petitioners Rohan Bhammer and Varun Nair had moved the High Court seeking to prevent misuse of the IT Act as it is a non cognisable offence.

“Whatever is expressed on Facebook, Twitter, Linkedin, Google Plus, Skype, Bling does not amount to any cognisable offence and the police cannot arrest any person for posting comment,” counsel for the petitioners, Ajesh Kumar submitted to the court.

He further submitted that the police cannot arrest any person as the communication on social media is private communication between two persons and intercepting it or prosecution amounts to grave violation of Article 14 of Constitution of India.

“Any prosecution cannot be done without recording the sworn statements,” he said, stressing the need to educate the police department in the implementation of the Act.

Citing examples, Ajesh said three persons including two girls were arrested by Maharastra police for posting comments on Facebook criticising Maharashtra Navnirman Sena Chief Raj Thackeray and shutdown of Mumbai for Bal Thackeray's cremation.

Pointing to the incident of cartoonist Aseem Trivedi, the Pondicherry-based businessman who tweeted on Karthik Chidambaram, son of Union Home Minister P Chidambaram and West Bengal professor who faced the wrath of Chief Minister Mamata Banerjee for posting comments and cartoons, the petitioner said, “the provisions of Section 66-A of the IT Act have the potential of being a subject of gross abuse or misinterpretation by the Police, sometimes at the behest of powerful people.”

“It could also be arising from a multitude of reasons like ambiguity, ignorance of what is private and public communication, knowledge about social networking sites, lack of difference in publication in physical form and e-media.”

Stating that an estimate of 12 crore users of internet communicate through emails and social networking sites, the counsel said the State and Union of India appear to be sleeping on the abuse or misuse by the police while innocent persons are facing threat. He  sought directions to stop the arrests of innocent public, just based on a complaint unless there is an order by the jurisdictional magistrate, who has the power to try the case or to commit the case to trial and prevent the arrests of the innocent.

The division bench comprising acting Chief Justice K Sreedhar Rao and Justice Abdul Nazeer has ordered notice to the State government, Union government and others.

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October 3,2024

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Karnataka Health Minister Dinesh Gundu Rao reminded that V D Savarkar was not against cow slaughter as he himself was non-veg eater, PTI reported on Thursday.

"As a Brahmin he was eating meat, and he was openly propagating eating meat," said the minister at an event in Bengaluru.

Reacting to Gundu Rao's claim, BJP MP Anurag Thakur called Congress a "factory of lies" as he warned that India won't tolerate any disrespect towards Savarkar.

"By disrespecting Veer Savarkar they have shown that they don't respect freedom fighters. During the Congress government, Sardar Bhagat Singh was termed a separatist in textbooks...By making those who want to break the nation join the congress party, Rahul Gandhi is taking forward the ideology of 'tukde tukde' and he is a 'modern Jinnah' who speaks ill of the country abroad...," he said.

Meanwhile, a court in Maharashtra's Nashik district summoned Congress MP Rahul Gandhi earlier this week in a defamation case filed against him for his alleged objectionable remarks against the Hindutva ideologue.

The complainant, who is the director of an NGO, claimed he watched a press conference addressed by Gandhi in Hingoli and also a speech made by the Congress leader in November 2022.

He alleged that Gandhi, on the two occasions, by his words and visual representations knowingly harmed the reputation of Veer Savarkar and also tried to defame the latter's image in the society.

According to the complainant, Gandhi said "Savarkar is BJP and RSS jin" which was defamatory in nature.

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October 3,2024

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Bengaluru: The Karnataka Food Safety and Quality Department has issued an urgent warning following the discovery of potentially cancer-causing chemicals in cakes sold by certain bakeries across the state.

Recent tests conducted by the department revealed that some cake samples, particularly those with vibrant colors, contain harmful synthetic coloring agents such as Allura Red, a substance known to pose health risks. The findings have raised concerns about the use of artificial colors in bakery products, especially given their potential link to cancer and other serious health conditions.

"We routinely test various food products, and this time, our officials noticed unusually dark-colored cakes on the market," said Srinivas K, Commissioner of Food Safety for Karnataka. "Upon testing, we found that a few cakes contained Allura Red, a synthetic dye associated with health risks."

The use of artificial colors, especially in popular cakes like red velvet and pineapple varieties, is widespread as it attracts customers, particularly children. However, many bakers prefer using natural, safer alternatives, while some opt for synthetic dyes to enhance the cake's visual appeal.

"Most bakeries use permissible, natural colors that are safe for consumption. Unfortunately, a few are resorting to synthetic dyes just to make their cakes more attractive," said a bakery owner from Electronic City, speaking anonymously.

Medical experts are warning that consuming synthetic colors can lead to numerous health issues, including asthma and allergic reactions.

"Some of these artificial dyes are carcinogenic, and prolonged exposure could have serious consequences, especially for children and young adults," cautioned Dr. Vandana G, a private medical practitioner.

While the Food Safety and Standards Authority of India (FSSAI) confirms that only a limited number of samples tested positive for harmful colors, legal action is being taken against the violators.

"There is no need for widespread panic or halting production. We are closely monitoring the situation, and only a few bakeries were found to be non-compliant. Rest assured, appropriate legal measures are underway," assured an FSSAI official. 

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September 25,2024

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In a significant development, a special court tasked with handling cases against Members of Parliament and Members of Legislative Assemblies (MP/MLAs) has ordered that a First Information Report (FIR) be filed regarding the Muda case.

Additionally, the Karnataka Lokayukta, which is an anti-corruption body, has been tasked with investigating allegations against Siddaramaiah, who is reportedly involved in the case.

The court instructed the Lokayukta (an anti-corruption authority) to provide a report within three months. It also ordered the relevant authorities to file a First Information Report (FIR) regarding the case.

Judge Santhosh Gajanan Bhat issued the directive, compelling the Mysuru Lokayukta police to commence an investigation following a formal complaint lodged by Snehamayi Krishna. 

The Karnataka Lokayukta in Mysuru is required to carry out the investigation under Section 156 (3) of the Criminal Procedure Code, which mandates the registration of a First Information Report (FIR).

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