SC wants to lay down law on court imposing restriction on social media use

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While hearing a plea filed by Congress leader Sachin Choudhary, which challenged an Allahabad High Court order on him that forbade him from using social media till the pendency of the trial, the Supreme Court today (July 10) said that it would like to lay down the law on whether a court while granting bail can restrict a person from using social media and can such restrictions be imposed when the crime committed has nothing to do with social media access.

While it issued notice to Centre and the State of Uttar Pradesh, the three-judge bench of Chief Justice SA Bobde and Justices Subhash R Reddy and AS Bopanna asked: “Why can’t the court say you don’t use the instrument by which you caused mischief?”

Senior Counsel Salman Khurshid, appearing for Choudhary, submitted that there are no allegations relating to social media use against Choudhary.

The bench thereafter talked about laying down the law on social media usage restriction.

Sachin Choudhary was arrested by the police in a criminal case for offences under the following section s of IPC:

·       Sections 188 (Disobedience to order duly promulgated by public servant)

·       Section 269 (Negligent act likely to spread infection of disease dangerous to life)

·       Section 270 (Malignant act likely to spread infection of disease dangerous to life)

·       Section 271 (Disobedience to quarantine rule )

·       Section124-A (sedition)

·       Section505 (Statements conducing to public mischief)

·       Section 153-A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence. language, etc., and doing acts prejudicial to maintenance of harmony. Offence committed in place of worship, etc)

·       Section 153-B IPC (Imputation, assertions prejudicial to national-integration). And under Information Technology Act, & 56 of Disaster Management Act.

He is also accused for offences under the Information Technology Act and Section 56 of the Diasater Mangement  Act (Failure of officer in duty or his connivance at the contravention of the provisions of this Act).

-India Legal Bureau

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