Moot Problem 1
‘The Petitioner herein, Ms. Ruhi Shah, like many other citizens of this Country is a user of the
internet and social networking sites such as Spacebook. The Petitioner is an author and also a
x
al activist who posted a comment and Cartoon on 16" of August 2014 on a social networking
site, namely Spacebook, The post was related to a prominent political leader of the national
Party, Regional Seva Party (RSP), In wake of the comments and picture posted by the Petitioner
concerning the leader of RSP, the party activist of RSP filed an FIR on 17* of August 2014
against the Petition
the city of Brahmapuri, Avadrastra,
Technology Act (IT Act), 2000, which
Provides for a cognizable offence. Taking cognizance of the FIR the police arrested the petitioner
‘The FIR was filed under Section 66A of the Inform:
and later released her on bail. On 20% July 2014, again in another incident, two Air Indiana
employses, were arrested by the Police in Avadrastra under interlia See 66 of the IT Act, for
putting up content on Space ook against a trade union leadse and some politicians and were held
ineustody 14 days,
Agzrieved by the action of the police against the pe
P
(whose Constitution is same as Indian Constitution) by way of a Public Interest Litigation (PIL)
ioner and other similar incident, the
joner has filed the present Writ Petition under Article 32 of the Constitution of Indiana
on the 4* August 2014 sccking the Scction 66A of the IT Act and certain provisions of the
Information Technology (Intermediaries Guidelines) Rules, 2011 as unconstitutional, as violative
of fundamental rights guaranteed under the Constitution.
In the light of the above facts the petitioner raised the issues as to whether the vague description
of various facts constituting an offence under Section 66A of the IT Act, without any definition
or prescription of standards, is violotive of the fundamental freedoms guaranteed by the
Constitution.