सर्वोच्च न्यायलय का इन्टरनेट पर स्वागत योग्य फैसला :
पोलिस ज्यादिती ने सरकार को पछाड़ा सत्ता मदांध किस तरह कर देती है इसका ज्वलंत उदाहरण फेसबुक पर मात्र किसी और के को लिखे को ‘ लाइक ‘करने पर एक नवयुवती की मुंबई मैं गिरफ्तारी थी. फिर जो दमन का सिलसिला चालू हुआ उसमें अंतिम आहुती रामपुर मैं आज़म खान पर कुछ टिप्पिनी कर देने पर एक ग्यारवीं कक्षा के छात्र पर गिरफ्तारी थी . वास्तव मैं आज़म खान की भैंसों के खो जाने पर पोलिस वालों को सस्पेंड करने से लेकर उनके मुज्ज़फर्नगर दंगों मैं संदिग्ध रोल पर सवाल उठते रहे हैं . परन्तु ग्यारवीं कक्षा के छात्र की फेसबुक पर एक टिप्पणी से गिरफ्तारी एक अति थी . और पुरानी कहावत है की ‘अति सर्वत्र वर्ज्यते ‘. मात्र आजम खान ही नहीं ममता बनर्जी इस के दुरूपयोग की बड़ी खिलाड़ी हैं .एक कार्टून पर असीम त्रिवेदी की गिरफ्तारी भी इसकी एक महत्वपूर्ण कड़ी थी . सरकार ने कुछ बचाव करने की कोशिश की परन्तु इससे राजनीतिग्य अत्यंत निरंकुश हो गए . आज इसका स्वागत करते चिदंबरम के लड़के कार्तिक की बुराई करने पर भी गिरफ्तारियां हो चुकी है . सर्वोच्च न्यायालय के इस विपरीत परन्तु अत्यंत स्वागत योग्य फैसले के लिए राजनीतिज्ञों व् पोलिस की निरंकुशता ही जिम्मेवार है . बंगलोर मैं उत्तर पूर्व के लोगों मैं जो भगदड मची थी उसके लिए भी इन्टरनेट का दुरूपयोग जिम्मेवार था . परन्तु सरकार के पास तो दर्जनों कानून ऐसे हैं की किसी भी हिमालय की कंदराओं मैं बैठे साधू को भी पर्यावरण को हानी पहुँचाने के लिए गिरफ्तार कर सकती है . पर अब हम कम से कम अभिव्यक्ति की आजादी तो प्रयोग कर सकते हैं .
नीचे लिखे लेख को पढ़ें india.com/…/section-66a-quashed-10-cases-where-the-law-was…/
March 24 is a historic day, as the Supreme Court of India has passed a judgement that Section 66A of the Information Technology (IT) Act, which could take anyone to task for posting stuff which is deemed ‘gravely offensive’, of a ‘menacing character, or meant to ‘cause annoyance and inconvenience’ be quashed. In fact, it was quite interesting to see Indian National Congress (INC) leaders welcome the law when they were the ones who put it in place and enthusiastically used it to silence dissenters. Even the Bharatiya Janta Party (BJP) and Narendra Modi, who had earlier opposed the verdict, fought tooth and nail to keep in place. Thankfully, the draconian law that was used time and again by people to harass innocent individuals is no longer. We look back at some individuals who were targeted with this act:
Aseem Trivedi – the cartoonist
Cartoonist and free-speech campaigner Aseem Trivedi was arrested by the Mumbai police for putting up cartoons on his website and FB page that mocked corruption. Along with Section 66 A, he was charged with sedition under section 124 A of the Indian Penal Code.
Shaheen Dhada and Renu Srinivasan – angering the Sena
The two young girls from Palghar were targeted after Shaheen Dhada put up a Facebook post that questioned the state-wide shutdown on account of Bal Thackeray’s death. Her friend Renu Srinivasan had simply liked this post and this led to them spending 10 days in custody. They were compensated Rs 50,000 by the National Human Rights Commission and the issue raised quite a debate about freedom of expression. Reacting to the SC verdict, her father told IANS: ‘I never scolded her for (the post) and supported her always as she had done nothing wrong. We are happy by the verdict and all credit must go to my daughter.’
Ambikesh Mahapatra and Subrata Sengupta – the Didi cartoon case
Jadavpur University professor Mahapatra and his neighbour were arrested for forwarding caricatures of TMC leader Mamata Banerjee in 2012. Coming down heavily on Mamata’s high-handedness, the Calcutta High Court asked the WB government to pay him Rs 50,00 compensation. After the verdict he had said: ‘My three-year long battle finally comes to an end. This judgement has set an example that democracy still prevails in the country. But, I still don’t feel that circulating cartoons is a crime.’
Ravi Srinivasan – the man who insulted P Chidambaram’s son
It was interesting to see the Congress wholeheartedly support the verdict, as they had a bout of Kiran Bedisque amnesia and forgot that they were the ones who put in place. In fact, P Chidambaram actually had the gumption to say: ‘The Section was poorly drafted and was vulnerable. It was capable of being misused and, in fact, it was misused.’
‘There could be a case of misuse of the freedom of speech. In such cases, the ordinary laws should apply and the offender should be dealt with under those laws…. If some provisions of the law have to be strengthened, that could be considered.…But Section 66A was not the answer. It was even more ironic because it was his son who used the law to target Ram Srinivasan who had tweeted that PC’s son had amassed more wealth than Robert Vadra! His son had tweeted: ‘Free speech is subject to reasonable restrictions. I have a right to seek constitutional/legal remedies over defamatory/scurrilous tweets.’
Describing the incident, Mr Srinivasan had told The Hindu: ‘At 5 a.m. on Tuesday [October 30] morning, I was woken up and pulled out of my house by CBCID men and told I was under arrest because of my tweets. My wife and two daughters were in shock. What wrong have I done?’
KV Rao and Mayank Sharma – the AI employees who joked
The AI employees were picked up for allegedly posting offensive comments against some Congress leaders on their FB group earlier this year. They had also distorted the Congress’s flag and the duo alleged that a personal enmity with a leader in the AI union led to the harassment. They were picked up by the police at 1 AM in the night, their passports impounded and they ended up in a legal tangle which saw them shunted out by the AI management.
Kishtwar youngsters
Three people from J&K were arrested and spent 40 days in jail for being tagged in a supposedly blasphemous video on Facebook. They were booked under Section 66A and also for hurting religious sentiments (Sec 295 A). The video was believed to have originated in Pakistan. Sharma and Lal, both of them government teachers were sacked pending inquiry.
Kanwal Bharti – the author who criticised the UP government
The author was arrested for criticising senior SP leader Azam Khan in a Facebook post which read (when translated from Hindi): ‘Akhilesh Yadav’s government has completely failed on the issue of reservation and Durga Shakti Nagpal. Akhilesh, Shivpal, Azam Khan and Mulayam Singh Yadav might pat each other and their government’s back on the Durga Shakti Nagpal issue but they are unable to see the reality in the state. The public is criticising them and mocking them and according to the people these four are unfit for democracy. What people do not know is that an old Madrasa was bulldozed and destroyed at Rampur in Uttar Pradesh. When the Maulvi objected, he was harassed and sent to jail. No officer was suspended in this case. Why? Because it is Azam Khan not Akhilesh who rules that place’
Class XI boy – for maligning Azam Khan’s image
The last victim of the archaic law was a Class 11 student from Rampur for putting up a post that insulted Azam Khan. His aide Fasahal Ali Khan filed the police report and said: ‘I informed the police that this person has posted a controversial and inflammatory post in the name of Mr Khan, which is a lie. It has hurt the feelings of both Hindus and Muslims and maligns Mr Khan’s image.’ It’s really hard to understand how a FB post could malign Azam Khan’s image when he has said some of the most insane things ever. After all this was the man who used the state’s police machinery to find his missing buffaloes!
Rajeesh Kumar – thy shall not insult the PM
Kumar, a CPI-M worker in Kerala was arrested for putting up abusive comments and photos on Facebook about PM Narendra Modi. The police arrested him for putting up a picture of Modi with a shoe imprint and a comment in one post which could’ve sparked ‘communal tensions.’
Devu Chodankar – the man who predicted a holocaust
Chodankar was arrested for saying derogatory things about Modi and the BJP. The complaint against him was filed by industrialist and former Confendration of Indian Industries State President Atul Pai Kane. Chodankar’s FB post said: ‘If Modi is elected as PM this election, Christians will lose their identity in South Goa. Mark these words.” In another post, he had said, “There is an imminent threat of holocaust as it happened in Gujarat though under the garb of cunning government policies of (Manohar) Parrikar. Save the identity of South Goa. Vote against BJP this election.