VASUDEV COLLEGE OF LAW.
“Moot Court, Pre Trial Preparation and Participation in Trial Proceedings”
Problem 2022
Nasreen Shah Versus Union of India
The Petitioner herein, Ms Nasreen Shah, like crores of other citizens of
this Country is a user of the internet and of social networking sites such as
Friendsbook. The Petitioner is an author and social activist who posted a
comment and cartoon on 20t June 2012 on a social networking site, namely
friendsbook. The post was related to a prominent political leader of a national
party, National people’s Party (NPP). In wake of the comments and picture
posted by the Petitioner concerning the leader of NPP, the Party activists of
NPP, the Party activists of NPP filed an FIR on 21% of July 2012 against the
Petitioner in the city of Udaygiri, Maharashtra.
‘The FIR was filed under section 66A of the information Technology Act
(IT Act), 2000 which provides for a congnizable offence. Taking cognizance of
the FIR the police arrested the petitioner and later releases her on bail pm 25th
July 2012.
In another incident, two Air India employees, were arrested by the Police
in Maharashtra under Inter alia Sec. 66A of the IT Act, for putting up a
content of Friendsbook against a trade union leader and some politicians and
were held on custody for 12 days.
Agerieved by the action of the police against the petitioner and other
similar incident, the Petitioner has filed the present Writ Petition under Article
32 of the Constitution of India by way of a Publig-Interest Litigation (PIL) on 7h
August 2012 seeking the Section 66A of the IT Act and certain provisions of
the Information Technology (Intermediaries Guidelines) Rules, 2011 as
unconstitutional, as voilative of fundamental right guaranteed under the
Constitution.
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