NGO People’s Union for Civil Liberties (PUCL) has filed there rejoinder affidavit in the Supreme Court on July 30 , in the application alleging that despite the Court’s February 2019 order, Section 66A of the Information Technology Act, continues to be used in police stations as well as in trial Court’s across the country.
The affidavit has been filed by Dr. V. Suresh , National General Secretary of the (PUCL).
The Rejoinder Affidavit has been divided into three parts-
A. STEPS TAKEN BY THE UNION OF INDIA, WHETHER ADEQUATE-
According to the affidavit , the steps taken by the Ministry of Electronics and Information Technology (“MeitY”) towards ensuring effective implementation of the Apex Court’s Judgment in Shreya Singhal v. Union of India (2015) 5 SCC 1 are far from adequate.
The Union of India ( UOI ) has said that ‘Police’ and ‘Public Order’ are State subjects and that primary responsibility rests with the State. Similarly, for cyber crime offenders, law enforcement agencies are responsible , alleged the affidavit.
It is submitted that UOI ought not to have shirked its responsibility by pleading that responsibility lies with the States as well as with law enforcement agencies. In view of the fact that the Application involves the question of enforcement of this Shreya Singhal Judgment which is binding on the UOI and others, the UOI has to play a sincere and pro-active role to ensure the implementation.
The affidavit states that the expression “authorities” in Article 144 has to be given the widest amplitude to include all members of the executive and judiciary, in view of the settled position of law and the need to uphold the dignity of courts, the majesty of the law, and to prevent any interference in the administration of justice.
e. Direct each High Court (through Registrar Generals) to put in place a complaint mechanism by which any person in the state against whom a case under Section 66A of the IT Act is pending may directly approach the trial Court where the case is pending or the concerned High Court for speedy redressal.
f. Direct the DGPs of all the States/Administrators of all the UTs to initiate disciplinary action against the Police/Law Enforcement Agencies that are found to be registering cases under the repealed Section 66A of the IT Act.
g. Allow the High Courts to initiate suo motu contempt proceedings against those responsible for registering a case under Section 66A or for investigating it or for prosecuting it in spite of being informed that Section 66A has been struck down.
h. Direct the DGPs of all States and Union Territories to communicate to all police stations within their respective jurisdictions to display a notice that Section 66A of the IT Act has been struck down by the Top Court in Shreya Singhal and that no case under the said provision can be registered.
i. Direct the Respondents to ensure that Doordarshan and All India Radio make quarterly announcements in major vernacular languages informing the public that Section 66A of the IT Act is no longer in force in light of the judgment in Shreya Singhal.
j. Direct the Respondents to ensure publication in major vernacular language newspapers on quarterly basis informing the public that Section 66A of the IT Act is no longer in force in light of the judgment in Shreya Singhal.
k. Direct the Respondents to ensure that all official and commercial versions of the IT Act that are hereinafter published (online or offline) do not include the complete text of Section 66A and inform the reader that said provision stands repealed in light of the judgment in Shreya Singhal.
l. Direct the National Judicial Academy and the State Judicial Academies to incorporate the Supreme Court’s Judgment in Shreya Singhal as part of the training imparted to judges.
m. Direct the UOI to ensure that all police training colleges both at the National Level and the State Levels will mandatorily advise all trainees about the Judgment and the fact that Section 66A of the IT Act has been repealed and can no longer be invoked.
n. Ensure that the above (except points (l. and m.) are complied with in a time bound manner, not later than October 31, 2021.
C. HOW EFFECTIVE IMPLEMENTATION OF THE JUDGMENTS OF THIS HON’BLE COURT CAN BE ENSURED-
The PUCL raises a larger question about implementation of the Judgments of the Top Court which are binding on all the authorities and Courts under Articles 141, 142 and 144 of the Constitution. Non-implementation of the Judgment has a serious repercussion on the administration of justice as well as the Rule of Law.
Following submissions has been made by the PUCL-
a. That in all important cases where the Top Court is of the view that the directions given in the judgements 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.
b. That in addition to the above, accountability may be fixed on the authorities responsible for its implementation. The Apex Court may further direct initiation of disciplinary action as well as the contempt proceedings for contumacious inaction or deliberate violation.