Lodging an FIR u/s 66A of the Information Technology Act, 2002 is unconstitutional: Allahabad HC

Team SoOLEGAL 17 Sep 2020 4:32pm

Lodging an FIR u/s 66A of the Information Technology Act, 2002 is unconstitutional: Allahabad HC

Allahabad high court has dismissed an FIR filed by the police against a person under Information Technology Act, 2002. The sole reason was that it was violating an order of the Supreme Court of India. Nandalal Singh Yadav filed a petition in Allahabad High Court, before the bench of Justice Manoj Mishra and Justice Anil Kumar, pleading to dismiss the FIR filed against him and the bench ordered the police officers who have lodged the FIR should appear in the next hearing with proper evidence and explanation to prove why the FIR was lodged against the person.

The Supreme Court of India had given an order in the case Shreya Singhal v. Union of India which was getting violated in this particular case. Allahabad High Court bench said that it is surprising that even after the order of Supreme Court had declared Section 66 of IT Act,2002 to be ulta vires, the police of Allahabad have registered a case under the same section of the Act.

The police officers appeared on the next hearing of the case and they filed an affidavit in the court stating that the offence that was committed was violating section 66A of IT Act,2002 and no other crime were disclosed. To this, Allahabad High Court dismissed the FIR. In the case Shreya Singhal v. Union of India, the Supreme Court had said that Section 66A of IT Act, 2002 is complete unconstitutional.

Tagged: Information Technology Act   Allahabad HC   Supreme Court   Nandalal Singh Yadav   Justice Manoj Mishra   Justice Anil Kumar   Union of India   Section 66A  
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