FIR No. P.S. U/s State v.

47/12 Jama Masjid 66(A) of The Information Technology Act. Pankaj Kumar Dwivedi

14.10.2013 Today I am also working as Link MM. Present : None for state. Accused in person on bail with counsel. Vide separate order on point of charge, accused Pankaj Kumar Dwivedi is discharged from offence u/s 66(A) of The Information Technology Act. SHO concerned is directed to comply Para 17 & 18 of the order on charge within three weeks from today and report to the court on 16.11.2013. Copy of the order on charge be sent to the SHO/ACP concerned for necessary information and compliance in terms of Para 17 & 18 of the same. Dasti be given to the accused free of costs. File be consigned to record room.

(R.K.Pandey) MM-02(Central)/14.10.2013

FIR No. P.S. U/s

47/12 Jama Masjid 66(A) of The Information Technology Act.

State v. Pankaj Kumar Dwivedi 14.10.2013. ORDER ON CHARGE. (1) As per case of prosecution, complainant is a writer/journalist and a

social activists and as a part of her journalism she is active on social media and due to some of her writings as part of her journalism she received an unidentified E-Mail that warns her of dire consequences if she do not stop writing in similar manner. (2) After receiving the complaint, FIR in present case was registered by the police and during investigation, IO found that the said E-Mail with respect to which complainant moved the complaint was generated from the laptop of the accused and from the MTNL Internet connection of the accused having IP address 59.177.64.250 and accused disclosed that he sent that E-Mail to the complainant. As per complaint of the complainant and Challan, the E-Mail with respect to which complainant moved the complaint is as under:-

Friday, August 26,2011 9:44 AM subject ***Warning***Warning***Warning***Warning***Warning***Warning*** Warning***Warning*** Sheeba Aslam,stop posting Anti-Indian and Anti-National comments on face book. Stop immediately. Otherwise be prepared for its consequences.***Warning***Warning***Warning***Warnin g***Warning***Warning***Warning***. (3) It is argued on behalf of the State by Ld. APP for the State that the act of accused of sending E-mail to the complainant falls within the purview of section 66 A clause (a) of The Information Technology Act as the message was grossly offensive and was having menacing character and accused is liable to be charged for the same as there is sufficient material on record to prosecute the accused for offence u/s 66 A clause (a) of The Information Technology Act. (4) It is argued on behalf of accused by Ld. Defence counsel that case do not fall within the purview of offence u/s 66 A clause (a) of The Information Technology Act and even the E-Mail do not fall within the meaning of information as provided u/s 2 clause (v) of the The Information Technology Act,2000. It is further argued that the act of the accused was objection to the comment posted by complainant and not come within the purview of information but a comment on

information which was published/posted by complainant. It is further argued that even if the E-Mail of the accused is covered under section 2 (v) of the said Act then also same was neither grossly offensive nor

offensive or nor was having any menacing character and accused only desiste d on the act/comment of the complainant which was posted by her on social media. It is further argued that police has acted one sided against the accused and unilaterally investigated the matter in unfair manner and in fact the comment as posted by the complainant was offensive in nature and accused only reacted to the comment as posted by the complainant on social media. It is further argued that no offence as such is made out u/s 66 A clause (a) of The Information Technology Act or any other section. Hence, accused is liable to be discharged. (5) Heard the submissions. Perused the record. (6) E-Mail in question is as under :-

Friday, August 26,2011 9:44 AM subject ***Warning***Warning***Warning***Warning***Warning***Warning***War ning* **Warning*** Sheeba Aslam,stop posting Anti-Indian and Anti-National comments on face book. Stop immediately. Otherwise be prepared for its consequences.***Warning***Warning***Warning***Warning***Warning***W ar ning***Warning***. (7)Section 2 clause (v) of The Information Technology Act :- Information includes{ data, message,text}, images, sound,voice,codes,computer programmes, software and data bases or micro film or computer generated micro fiche;

(8)Section 66 A of The Information Technology Act :- Punishment for sending offensive messages through communication service,etc.- Any person who sends, by means of a computer resource or a communication device,(a) any information that is grossly offensive or has menacing character; or (b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience,danger, obstruction,insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device; or (c)any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine. (9) On perusal of Challan and documents annexed with it

reveals that on the same date i.e. 26.08.2011, at about 22:15 accused sent another E-Mail in the following words to the complainant as reflected on page 41 of the charge sheet:- Please allow me to come to the JNU once. I like to have a discussions with you there only. An open and fair debate is necessary to clean off all the filth and dirt from your

mind and make you pure and pious so that you may loving India and its people. It is not scholarly to criticize every established institution and tradition and speak anti government or anti Indian, Whenever, we find an op portunity. Doing such things on social sites can only be a sign of cowardice. (10) In response to the above stated mail, complainant again replied on the same date at 10:43 pm in following words :Kindly read my comments again they are anti establishment only. I love my mother land Page 43/44 dated 26.08.2011 at 10:19 am of the charge sheet reflect that accused again wrote an E-mail in following words: Sheeba, You cant impress or influence mind set of true Indians with your anti Indian and anti national posting and comments. If you have doubts and disbelieves, I challenge for you an open and fair debate on all the issues of national interests concerning India and its people. I am confident that you will be outwitted, if you agree for an fair discussion on all the matters of national importance. Reply me, if you are courageous if to debate with a true spirited Indian. In case you are not , stop misleading people. Thank you. (11) Respondent/accused alongwith his written submission

placed the photocopy of computer generated comments as placed by the complainant of face book which are as follows:(i) Saaf hota ja raha hai ki wo sab jo Jantar Mantar, Ramleela k jan andolan ki nautanki k Hero they, sabhi dil se sanghi they. (ii) ... the reality is totally opposite to what they have been claiming all

along. That is, these people were killed by the Gujarat police to profile Modi as a great Hindu leader. For this, they needed Muslims. So, they picked them up from all over the country, got them to Gujarat and then shot them dead by claiming they were terrorists. He won the 2007 elections solely on these killings. (iii)Bharat varsh me charitrik patan ka aanklaan tamsi pyaz ki demand se bhi lagaya ja sakta hai (iv)First they Raped the Shudra women and I did not speak out because I was in Upper Caste Hindu. Then they came for the Muslim women and I did not speak out

because I was in Upper Caste Hindu. Then they came for the Manipuri women and I did not speak out because I was in Upper Caste Hindu. Then they came for the Tribal women and I did not speak out because I was in Upper Caste Hindu. Then they came for me and there was an outstanding outrage Because I was in Upper Caste Hindu.

With all due apologies from everyone I ve (v) Today We can say India is Free of all forms of civilian Independence.(vi) e than Narendra Modi is directly involved in the genocide of mor

8000 Indians as a Chief Minister. He supervised the killings, loot,arson, rapes and maiming of citizens who were under his protection. (vii) Great! Kinhe ab tak nahi khabar thi wo ab b-khabar ho rahe hain ki Modi genocide organiser hai. (viii) A day of another sick parampara ! Making women eternally weak,and men eternal savior(On Raksha Bandhan festival) (12) On perusal of E-mail in question as mentioned above in Para VI

word as used by accused is as:- Friday, August 26,2011 9:44 AM subject***Warning***Warning***Warning***Warning***Warning***Warnin g***Warning***Warning*** Sheeba Aslam,stop posting Anti-Indian and Anti-National comments on face book. Stop immediately. Otherwise be prepared for its consequences.***Warning***Warning***Warning***Warning***Warning* **Warning***Warning***. (13) In the above E-mail accused has used the word warning and

by using this word accused has tried to warn the complainant to stop anti Indian and anti national comments on face book and accused has also warned about the consequences if complainant not stop to post anti Indian and anti national comments on face book. Police during the

its investigation has not placed on record the documents pertaining to initial post of the complainant in response to which accused sent the E-mail in question. Further, the consequences may be legal and illegal in nature and on perusal of E-mail it reflect that there is nothing in E-mail to infer that the consequences as intended as illegal. Further, on the same date the accused sent another E-mail to the complainant by which accused asked to the complainant for discussions with open mind and also asked the complainant for fair debate and complainant replied to this E-mail also and accused had also written another E-mail on the same date and again asked the complainant for fair debate on matters of national importance. (14) In my considered opinion, raising national slogans, opposing anti national sentiments and words and opposing anti establishment words and asking for fair debate on anti national sentiments of any person is no way attract the criminal law even if the words used are harsh in nature and are covered under the provisions of Fundamental Rights as provided under Article 19 of The Indian Constitution. Further, police has acted unilaterally on the complaint of the complainant and totally relied upon the version as produced by the complainant and acted on the complaint of the complainant without investigating the matter in fair manner and police has not even produced the basic E-mail of the complainant in response to which accused opposed the anti national sentiments of the complainant through his E-mail to the complainant.

(15) In view of the above discussion, the accused Pankaj Kuamr Dwivedi s/ o Sh M.P.Dwivedi stands discharged from the offence u/s 66 A of The Information Technology Act. (16) On perusal of record it reveals that complainant by way of her post on social media published the following which is as : Para 11 (ii) is as ... the reality is totally opposite to what they have been claiming all along. That is, these people were killed by the Gujarat police to profile Modi as a great Hindu leader. For this, they needed Muslims. So, they picked them up from all over the country, got them to Gujarat and then shot them dead by claiming they were terrorists. He won the 2007 elections solely on these killings. Para 11 (iv) is as First they Raped the Shudra women and I did not speak out because I was in Upper Caste Hindu. Then they came for the Muslim women and I did not speak out

because I was in Upper Caste Hindu. Then they came for the Manipuri women and I did not speak out because I was in Upper Caste Hindu. Then they came for the Tribal women and I did not speak out because I was in Upper Caste Hindu. Then they came for me and there was an outstanding outrage Because I was in Upper Caste Hindu. With all due apologies from everyone I ve

Para 11 of (vii) is as Narendra Modi is directly involved in the genocide of m ore than 8000 Indians as a Chief Minister. He supervised the killing s, loot,arson, rapes and maiming of citizens who were under his protection. Para 11 of (vii) is as:- Great! Kinhe ab tak nahi khabar thi wo ab bkhabar ho rahe hain ki Modi genocide organiser hai. Para 11 of (viii) is as:-A day of another sick parampara ! Making women eternally weak,and men eternal savior(On Raksha Bandhan festival) (17) All the above postings/publication of the complainant on social

media attracts the provisions of IPC under section 153 (A), 153(B) and section 295 A IPC but police has neither registered any case against the complainant nor investigated the publication as mentioned above. Accordingly, SHO concerned is directed to register a separate FIR and investigate the publication as published by the complainant on social media and file the compliance report within three weeks from today. (18) Copy of this order be sent to DCP (Central) for compliance and to supervise that investigation may be carried out in fair manner. Ahlamd of this court is directed to consigned this file in record room and maintain a miscellaneous file alongwith present order . (19) Compliance report be called by 16.11.2013. (20) Dasti be given to the accused free of costs. (R.K.Pandey) MM-02(Central)/14.10.2013