The apex court, which refused to pass an order for a blanket ban on the arrest of a person for making objectionable comments on websites, said state governments should ensure strict compliance of the Centre’s 9th January advisory which said that a person should not be arrested without taking permission from senior police officials.
“We direct the state governments to ensure compliance with the guidelines (issued by Centre) before making any arrest,” a bench of justices B S Chauhan and Dipak Misra said.
It said the court cannot pass an order for banning all arrest in such cases as operation of section 66A (pertaining to objectionable comments) of the Information Technology Act has not been stayed by the apex court which is examining its constitutional validity.
In view of public outrage over people being arrested for making comments or liking posts on Facebook, Centre had on 9th January issued advisory to all states and UTs asking them not to arrest a person in such cases without prior approval of a senior police officer.
The advisory issued by the Centre says that, “State governments are advised that as regard to arrest of any person in complaint registered under section 66A of the Information Technology Act, the concerned police officer of a police station may not arrest any person until she/he has obtained prior approval of such arrest from an officer, not below the rank of Inspector General of Police (IGP) in metropolitan cities or of an officer not below the rank of Deputy Commissioner of Police (DCP) or Superintendent of Police (SP) at district level, as the case may be.”