Liking 'obscene' content on social media no crime, sharing is: Allahabad HC
Prayagraj (UP) (PTI): The Allahabad High Court recently held that liking an "obscene" post on social media does not constitute an offence, however, sharing or reposting such content will attract penal consequences.
The court in its observations on Wednesday said sharing such a post would amount to "transmission" under Section 67 of the Information Technology (IT) Act and will be punishable.
Justice Arun Kumar Singh Deshwal made the remarks as he quashed the criminal proceedings pending against Mohd Imran Kazi of Agra filed under section 67 of IT Act and other sections of the Indian Penal Code.
Kazi was under trial for liking another person's post for unlawful assembly.
"I do not find any material which could connect the applicant with any objectionable post, as there is no offensive post available in the Facebook and WhatsApp accounts of the applicant. Therefore, no case is made out against the applicant," the judge noted.
He said though under the IT Act transmitting obscene material is an offence, in the present case "the applicant has liked the post of one Farhan Usman for unlawful assembly, but liking a post will not amount to publishing or transmitting the post, therefore, merely liking a post will not attract section 67 IT Act."
"Even otherwise section 67 of the IT Act is for obscene material and not for provocative material," the court said.
A criminal case was registered against petitioner Mohd Imran Kazmi and a charge sheet was filed against him for liking "provocative" messages on social media, which resulted in the assembly of about 600-700 persons belonging to the Muslim community for arranging procession without permission.
The court of CJM, Agra, took cognisance of the charge sheet and issued a non-bailable warrant against him on June 30, 2023.
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Stray dogs case: We will play video, ask you what is humanity, SC tells petitioner
New Delhi (PTI): Responding to a petitioner in the stray dogs case who objected to some rules framed by the Municipal Corporation of Delhi (MCD) saying "inhuman" treatment was being meted out to them, the Supreme Court on Thursday said a video will be played in the next hearing, "asking you what is humanity".
Senior advocate Kapil Sibal, who is appearing in the stray dogs case, told a bench of Justices Vikram Nath and Sandeep Mehta that a three-judge special bench which was scheduled to assemble on Thursday to hear the matter was cancelled.
"It will come on January 7," Justice Nath said.
Sibal said, "The problem is that the MCD, in the meantime, has framed some rules which are completely contrary.color:red;"
He urged the bench to hear the matter on Friday, saying authorities don't even have dog shelters. "It is very very inhuman what is being done," Sibal said.
Justice Mehta, in an apparent reference to the stray dog menace, said "On the next date, we will play a video for your benefit and we will ask you what is humanity," .
Sibal responded that they will also play a video to show what was happening.
"The problem is your lordships has passed an order and we respect that. But the point is, there are statutory rules," he said.
When the bench said it would consider the matter on January 7, Sibal said the authorities will implement the rules in December itself.
"They will be implementing it and they will be removing the dogs. They don't have shelters," he said.
Justice Nath said, "It is alright Mr Sibal. Let them do it, we will consider."
The bench said it would hear the matter on January 7.
On November 7, taking note of the "alarming rise" in dog bite incidents within institutional areas like educational institutions, hospitals and railway stations, the apex court directed the forthwith relocation of stray canines to designated shelters after due sterilisation and vaccination.
A three-judge special bench had also said the stray dogs so picked up shall not be released back in the place they were picked up from.
The bench had directed the authorities to ensure the removal of all cattle and other stray animals from state highways, national highways and expressways.
It had said recurrence of dog bite incidents within institutional areas, including sports complexes, reflected not only administrative apathy but also a "systemic failure" to secure these premises from preventable hazards.
The top court had passed a slew of directions in the suo motu case over the stray dog menace.
It is hearing a suo motu case, initiated on July 28 over a media report on stray dog bites leading to rabies, particularly among children, in the national capital.
