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The Ministry of Home Affairs (MHA) on Wednesday directed to all the States that any case booked in states and UTs under Section 66A of the Information Technology Act, 2000 should be immediately withdrawn.The MHA further directed all police stations in the country to not register cases under the repealed Section 66A of the IT Act relating to posting online comments.

The ministry stated that it has also asked the states and UTs to sensitise law enforcement agencies for the compliance of the order issued by the Supreme Court on March 24, 2015.

“It is therefore, requested to direct all the police stations not to register cases under the repealed Section 66A of the information Technology Act,2000 and sensitise the law enforcement agencies for the compliance of the order issued by the Hon'ble Supreme Court on 24.03.2015. If any case has been booked in your State under section 66A of the IT Act, 2000, it should immediately be withdrawn.”

Recently, 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. Directions were inter-alia sought against the Home Ministry, to issue an advisory to all police stations not to register cases under the repealed Section 66A, IT Act, 2000.

It was the contention of the petitioner that despite the dictum laid in Shreya Singhal v. Union of India, (2015) 5 SCC 1, the said provision continues to be invoked by the State Investigative Agencies, as well as judiciary, which is in clear contravention of Deep Chand v. State of UP, AIR 1959 SC 648, wherein the Court said that a declaration of unconstitutionality results in rendering a provision void ab initio, either wholly or in part, as the case may be.

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

"Amazing! 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.

Highlighting the areas wherein Section 66A still seems operational, petitioner had put forth the following points,

1. Cases which are registered only under Section 66A, which ought to have been closed after the judgment was given in Shreya Singhal, are still continuing, even when the Court has taken cognizance of the said judgment
2. Courts have passed orders framing charges under Section 66A despite the provision having been struck down.
3. Trials are ongoing in such cases in which only charges under Section 66A have been framed or have been framed together with other IPC offences. The net result is that an accused person is facing trial for a provision declared as unconstitutional.
4. In several cases, where Section 66A exists with other provisions, further investigation has been ordered by merging those provisions under IPC with Section 66A. The Courts have even issued non-bailable warrants in these cases. 

Directions were further sought to the Supreme Court Registry to communicate all District Courts to take cognizance of the judgment in Shreya Singhal v. Union of India, (2015) 5 SCC 1, by which Section 66A of the IT Act has been struck down in its entirety - in all proceedings where Section 66A has been invoked either at the stage of framing of charge or subsequent thereto, so that no person should suffer or face any adverse consequences which violate his Fundamental Rights under Article 21 of the Constitution.

It must be noted that the Supreme Court in 2015 had scrapped the controversial IT Act section that made posting "offensive" comments online a crime punishable by jail. The government's order comes after the top court had recently remarked that it was shocking that the judgment has not been implemented even now and issued a notice to the Centre on the use of the section of the law.

In its 2015 judgment in the matter of Shreya Singhal v. Union of India, the apex court had struck down Section 66A of the Information Technology Act, 2000, making it null and void with effect from the date of the order.