SC Directs Maharashtra Govt to explain FB Arrests

The Supreme Court on directed the Maharashtra government to explain the circumstances under which its police arrested two girls(Shaheen Dhada (right) and Rinu Srinivasan) from Palghar in Thane district for posting and liking a comment on the Facebook after Shiv Sena leader Bal Thackeray’s demise on the November 18, 2012 shutdown for Bal Thackeray’s funeral within 4 weeks on the public interest litigation filed by Shreya Singhal, a Delhi student

“The Maharashtra government is directed to explain the circumstances under which the two girls — Shaheen Dhada and Rinu Srinivasan — were arrested for posting comments made by them on Facebook,” a bench comprising Chief Justice Altamas Kabir and Justice J. Chelameswar said

Attorney-General G.E. Vahanvati, whose assistance was sought by the court, said, “Please examine section 66A of the Information Technology Act, 2000 and I will assist the court on this issue.” 

The AG also referred to the guidelines which say that cases to be registered under the provision of the IT Act has to be decided by senior police officials of the ranks of DGP for cases pertaining to rural areas and IGP for metros. 

“This can’t be done by the head of the police stations,” the AG said, adding that this was a matter which required the court’s consideration. 

Meanwhile, Senior Advocate Mukul Rohatgi, appearing for Shreya. Singhal, sought a direction from the court that no cases be registered across the country unless such complaints are seen and approved by the DGP of the state concerned.