Arrests: HC issues notices to Facebook, State, Centre

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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Lokayukta team arrives at disputed plot; CM likely to get ED summons

News Network

October 1,2024

Mysuru, Oct 1: The Karnataka Lokayukta team on Tuesday arrived at the disputed plot in Mysuru and began investigation into the MUDA case against CM Siddaramaiah and his wife, news agency ANI reported. Snehamayi Krishna, the complainant in the case was also present with the team.

Sources stated that ED sleuths might issue a notice to CM Siddaramaiah at any time and issue summons to him for questioning. The sleuths are also keenly watching the movements of CM Siddaramaiah’s close associates and relatives, including a cabinet minister in connection with the MUDA scam.

Sources further said that there is a possibility of the ED conducting raids across the state on offices and residences of close associates of CM Siddaramaiah. The ED has also gathered information on bank accounts and financial transactions of CM Siddaramaiah and his associates.

The Directorate of Enforcement (ED) on Monday registered an Enforcement Case Information Report (ECIR), equivalent to an FIR by the police, against CM Siddaramaiah over the alleged irregularities in the allotment of 14 sites to his wife Parvathi B.M. by the Mysore Urban Development Authority. The ED registered the case taking cognisance of the FIR registered against the Chief Minister by the Lokayukta police on September 27.

Meanwhile, the Karnataka Lokayukta probing the MUDA case has also expedited the probe. The sleuths led by Mysuru Lokayukta SP T.J. Udesh have visited the controversial land on the outskirts of Mysuru city. The petitioner, Snehamayi Krishna, also accompanied the team.

The move of Chief Minister Siddaramaiah’s wife to return 14 sites allotted by the MUDA to her has triggered a debate. BJP MLA from Mysuru T.S. Srivatsa stated on Tuesday that the move of CM’s wife is not acceptable. "The two commissioners who colluded in the MUDA scam are roaming freely even today," he said.

"CM Siddaramaiah first claimed that there was no scam at all. Later, he formed a commission and now there is an FIR against him. After committing the mistake, you offer to return the sale deed. The time is up. He will have to tender his resignation and I am sure he won’t be in the position until Dasara festivities," MLA T.S. Srivatsa stated.

T.J. Abraham, one of the petitioners in the MUDA case said, “I had demanded the MUDA commissioner to take back the allotted sites. He had written back saying the process would be initiated. They were waiting for the investigation report."

"CM Siddaramaiah has not approached the division bench or the Supreme Court to challenge the order against him because there is nothing to be challenged. Returning sites is not a big sacrifice. The Chief Minister has lost it," Abraham stated.

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