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SHREYA SINGHAL vs. UNION OF INDIA

SCR Citation: [2015] 5 S.C.R. 963
Year/Volume: 2015/ Volume 5
Date of Judgment: 24 March 2015
Petitioner: SHREYA SINGHAL
Disposal Nature: Petition Disposed Off
Neutral Citation: 2015 INSC 257
Judgment Delivered by: Hon'ble Mr. Justice R.F. Nariman
Respondent: UNION OF INDIA
Case Type: WRIT PETITION(CRIMINAL) /167/2012
Order/Judgment: Judgment
1. Headnote

s. 66A — Constitutional validity of ~ Held: s. 66A is violative of Article 19(1)(a) and is not saved under Article 19(2) — It arbitrarily, excessively and disproportionately invades the right of free speech and upsets the balance between such rights and the reasonable restrictions imposed thereupon — the expressions used in s. 66A are open ended, vague and undefined — The reach of the section is such that it has a chilling effect on free speech and thus suffers from the vice _ of overbreadth — Therefore, s. 66A as a whole is declared unconstitutional — Constitution of India, 1950 — Art. 19(1) (a) and 19(2). s. 66A — Whether constitutionally invalid on the touchstone of Art. 14 of the Constitution ~ Held: There is an intelligible’ differentia between speech on the internet and other mediums of communication — Hence s. 66A is not violative of Art. 14 — Constitution of India, 1950 — Art. 14. s. 69A and Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 - Constitutional validity of — Held: s. 69A as well as the Rules are constitutionally valid — s. 69A is a narrowly drawn provision with several safeguards under the Rules ~ Merely absence of certain additional safeguards as provided u/ss. 95 and 96 Cr.P.C. does not make the Rules

2. Case referred
3. Act
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4. Keyword
  • s. 66A — Constitutional validity of ~ Held: s. 66A is violative of Article 19(1)(a) and is not saved under Article 19(2)
5. Equivalent citation
    Citation(s) 2015 AIR 1523 = 2015 (5) SCC 1 = 2015 (5) Suppl. SCC 1 = 2015 (3) JT 225 = 2015 (3) Suppl. JT 225 = 2015 (4) SCALE 1