Consider plea on removal of unconstitutional provisions from statute: HC

The Delhi High Court on Wednesday asked the Centre to consider as representation a petition seeking to remove provisions from the statute such as Section 66A of the Information and Technology Act, which have already been declared unconstitutional.

The plea filed by advocate Anshul Bajaj said there are several criminal law sections that were struck down by the Supreme Court but continue to be used by police officers.

The petition referred to a news article which stated that the Supreme Court was informed that people were being prosecuted under the scrapped Section 66A of the IT Act and the police as well as trial courts across India continue to use it.

In some cases, trial courts went ahead with framing charges under the defunct IT Act provision, even after taking cognisance of the Supreme Court’s 2015 judgment, the plea said.

The petitioner said he had made a representation to the authorities on August 25 in this regard but no action has been taken by the authorities.

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Printable version | Nov 30, 2021 7:28:04 AM |

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