18 March 2015

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For FB Post against Minister Azam Khan Class XI student sent to jail for 14 days

For FB Post against Minister Azam Khan Class XI student sent to jail for 14 days

UP –
Police in Rampur have arrested and sent to the district jail a class 11 student of a public school in Bareilly for uploading what they called an 'objectionable' post against Samajwadi Party leader and the state's urban development minister Azam Khan.

Vicky Khan, a student of Woodrow School in Bareilly district, was booked by the Rampur police, following a complaint by Azam Khan's aide Fasahat Ali Khan on March 15.

According to the police, the boy, was picked up from his house on Monday evening and kept in police lock-up at the Ganj Kotwali Thana.
Boy was presented before the court of additional chief judicial magistrate which sent him 14 days in judicial remand, to the district jail.
"The Facebook post carried derogatory language against a community and was wrongly attributed to Azam Khan."

The student has been booked under section 66-A of the Information Technology Act and
Sections 153A - promoting enmity between different groups on grounds of religion, race, etc.
Section - 504 intentional insult with intent to provoke breach of peace) and 505 (public mischief) of the Indian Penal Code.

If convicted, Vicky can face a jail term for upto three years.

In 2013, Dalit writer and social activist Kanwal Bharti was similarly arrested by Rampur police for a Facebook post against Khan. Bharti, too, was booked under section 66-A of the Information Technology Act.

TOI reported that  on March 5, on a complaint by Ali, Khan's self-styled 'media in-charge', the district police had lodged an FIR against Varanasi tourism officer Ravinder Kumar Mishra for uploading "objectionable pictures" of UP chief minister Akhilesh Yadav, SP supremo Mulayam Singh Yadav and Khan on WhatsApp and other social networking sites. He was booked under similar sections.

Updated on March 21 2015

The Supreme Court on Friday sought an explanation from the Uttar Pradesh police over the arrest of class XI student for sharing a post against senior Samajwadi Party leader and the state minister Azam Khan.

The court directed the Uttar Pradesh government to respond in 4 weeks for arresting a class 11 student under Section 66A of the Information Technology Act and asked the state police to file a response.

Senior Advocate Soli Sorabjee drew the attention of the bench to the Supreme 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 boy has been released on bail after a local court sent him to 14 days judicial custody on Wednesday.

Suggested Reading –

Class 11 student sent to jail for FB post against Azam Khan

16 Reasons to repeal delete Information Technology Act 66AIs it a Talibani type of law?

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Wednesday, March 18, 2015

Tags – Section 66A FB Post Innocent Vicky Arrested UP