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The Supreme Court on Monday, 2 August, issued notice to all states, Union territories, and registrar generals of all high courts on using Section 66A of the Information Technology Act, despite it being struck down and declared unconstitutional six years ago, news agency PTI reported.
The bench of Justices RF Nariman and BR Gavai said that the matter would be heard next after four weeks.
Section 66A of the IT Act, 2000, made posting "offensive" comments online a crime punishable by a jail term of three years.
Last month, the apex court had expressed shocked after learning that people were still being booked and tried under Section 66A.
The top court's observation came on a plea by NGO PUCL seeking a direction to the Centre to issue advisory to all police stations against registering of FIR under Section 66A.
Senior advocate Sanjay Parikh, representing the NGO, submitted that even after the revocation of Section 66A, there were as many as 1,307 cases under it.
Attorney General of India KK Venugopal, appearing for the Centre, contended that even if it is struck down by the division bench, Section 66A is still there, IANS reported.
Days after the SC order, the Union government had directed the states and UTs to not register cases under the repealed Section 66A.
The Ministry of Home Affairs issued a notice directing the police stations of all states and UTs to withdraw the cases registered hitherto under the repealed provision.
The MHA order has also called for a sensitisation of all law enforcement agencies in order to ensure compliance with the Supreme Court's judgment.
(With inputs from PTI and IANS)
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