Supreme Court on Friday sought explanation from UP Police on the circumstances leading to the arrest of a boy for allegedly posting objectionable comments against senior SP leader Azam Khan on Facebook.
A bench comprising justices J Chelameswar and R F Nariman asked the UP police to file response to the petition alleging that the SC advisory that section 66A of the Information Technology Act would not be invoked without consultation of high ranking police officers like IG or DCP was violated.
The court has given the state four weeks to respond.
Senior advocate Soli Sorabjee, appearing for petitioner in the matter, drew the attention of the bench to the apex court's May 16, 2013, advisory which made it clear that no case would be lodged under the controversial provision of the law unless and until there is an approval from high ranking officers like IG or DCP.
The counsel appearing for UP government said that nothing has been left in the matter as the boy has been released on bail and there are remedies available to him under the law.
When Sorabjee said that during the hearing of petitions challenging the validity of the section 66A of the IT act, he should have pressed for the stay of the operation of the provision, the bench said, "Very often the laws are misused but we can not stay all laws because of being misused."
The SC had on Thursday agreed to hear the plea seeking explanation from the UP Police on the matter in which a Class XII student was arrested for allegedly posting on Facebook 'objectionable' comments against the leader.
By the time advocate Manali Singhal made an oral mention of the application, news had reached that the 19-year-old youth was granted bail and would walk out of the jail shortly on completion of formalities.
A local court had on March 18 sent the Bareilly youth to 14 day judicial custody.
The present application questioning his arrest was filed by a Delhi-based girl and law student Shreya Shingal, who was the first person to file a PIL challenging the validity of section 66A of the IT Act.
She has also sought amendment in Section 66A of the Act, after two girls -- Shaheen Dhada and Rinu Shrinivasan -- were arrested in Palghar in Thane district as one of them posted a comment against the shutdown in Mumbai following Shiv Sena leader Bal Thackeray's death and the other 'liked' it.