5.
The petitioners’ various counsel raised a large number of
points as to the constitutionality of Section 66A. According to
them, first and foremost Section 66A infringes the fundamental
right to free speech and expression and is not saved by any of
the eight subjects covered in Article 19(2). According to them,
the causing of annoyance, inconvenience, danger, obstruction,
insult, injury, criminal intimidation, enmity, hatred or ill-will are all
outside the purview of Article 19(2).
Further, in creating an
offence, Section 66A suffers from the vice of vagueness
because unlike the offence created by Section 66 of the same
Act, none of the aforesaid terms are even attempted to be
defined and cannot be defined, the result being that innocent
persons are roped in as well as those who are not. Such
persons are not told clearly on which side of the line they fall;
and it would be open to the authorities to be as arbitrary and
whimsical as they like in booking such persons under the said
Section. In fact, a large number of innocent persons have been
booked and many instances have been given in the form of a
note to the Court. The enforcement of the said Section would
really be an insidious form of censorship which impairs a core
6