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Supreme Court today while hearing plea seeking implementation of Shreya Singhal Judgment, issued notice to all States, Union Territories and Registrar of High Courts.

A Division Bench of Justice RF Nariman and Justice BR Gavai, said,

"As this matter pertains not only to courts but police as well, let notice be issued to States/UT’s & Registrar of High Courts.

This will be done 4 weeks from today.

Registry to enclose the present set of pleadings when notice is so issued."

Learned Solicitor General informed the Court that the Union had filed its reply yesterday.

People’s Union for Civil Liberties has approached the Top Court seeking compliance with verdict in Shreya Singhal case, which scrapped down Section 66A IT Act, 2000.

The plea filed by AOR Aparna Bhat, highlights the ongoing issue of registering and prosecuting under the repealed Section 66A, which in essence stifles with an Individual’s Right to Free Speech and Expression.

In its Rejoinder Affidavit before the Top Court, the interveners elaborate on,

• Whether steps already taken by the Union adequate?
• What are the directions required for an effective implementation of verdict in Shreya Singhal v. Union of India?
• How effective implementation of the judgments of the Top Court can be ensured?

For effective implementation of the Top Court orders, it is suggested that,

“… in all important cases where this Hon’ble Court is of the view that the directions given in the Judgments ought to be implemented strictly, it can direct the Registry to send a copy to the concerned authorities (viz: Chief Secretaries, DGPs of all the States, Administrators of all UTs, all High Courts and District Courts, Jail Authorities etc.) asking them to file a compliance affidavit within reasonable time”

On 5^th July, 2021, the Supreme Court had issued notice in plea seeking compliance of Shreya Singhal Judgment, striking down Section 66A Information Technology Act, 2000. 

A Full Judge Bench of Justice RF Nariman, Justice KM Joseph and Justice BR Gavai, while issuing notice, remarked,

"Shocking! What is going on is terrible"

Senior Advocate Sanjay Parekh appearing for Peoples Union for Civil Liberties apprised the bench about the increase in number of cases despite striking down the said provision.

Learned Attorney General of India KK Venugopal appeared for the Union of India.

On 15^th July, 2021, Ministry of Home Affairs (MHA) directed all States to withdraw any case booked under Section 66A of the Information Technology Act, 2000, with immediate effect. The MHA further directed all police stations in the country to not register cases under the repealed Section 66A of the IT Act relating to posting online comments.

Case Title: PUCL v. Union Of Indi