SHREYA SINGHAL VERSUS UNION OF INDIA

Citation :-AIR 2015 SC 1523

Jurisdiction:-The petitioners have approached the Hon’ble Supreme Court of India to hear and
adjudicate over The matter under Article 32 of the Constitution of India.

Facts:-1. In the year 2000, Information Technology Act was enacted. The original Act contained 94
sections divided into 13 chapters and 4 schedules.

2. A major amendment was made in 2008 which introduced Section 66A which penalized sending
offensive messages.

3. There was a Bandh declared on 19th November, 2012 by Shiv Sena party in Maharashtra on account of
death of the Shiv Sena Chief Bal Thackery.

4. A girl named Shaheen Dhada aged 21 years expressed her displeasure against the bandh by posting a
comment on Facebook saying “With all respect, every day, thousands of people die, but still the world
moves on, just due to one politician died a natural death, everyone just goes bonkers. They should know,
we are resilient by force, not by choice. When was the last time, did anyone showed some respect or
even a two-minute silence for Shaheed Bhagat Singh, Azad, Sukhdev or any of the people because of
whom we are free-living Indians? Respect is earned, given, and definitely not forced. Today, Mumbai
shuts down due to fear, not due to respect.” and her friend Rinu Shrinivasan aged 20 years liked the
comment showing her assent to that opinion.

5. They were immediately arrested by Mumbai Police under section 66-A of Information Technology Act
for posting and liking comment which could cause annoyance & hatred in minds of public at large.

Issues

1. Whether the Hon’ble Court has the jurisdiction to hear the present matter
1. filed before it?
2. Whether Section 66A of the Information Technology Act, 2000 is
3. constitutionally valid?
4. Whether section 66A of the IT Act, 2000 falls within the ambit of Article
5. 19(2) of the constitution of India?
6. 4. Whether amendment of 2008 that introduced Section 66A of IT act, 2000
7. should be revoked?