value contained in Article 19(1)(a). In addition, the said Section
has a chilling effect on the freedom of speech and expression.
Also, the right of viewers is infringed as such chilling effect
would not give them the benefit of many shades of grey in
terms of various points of view that could be viewed over the
internet.
The petitioners also contend that their rights under
Articles 14 and 21 are breached inasmuch there is no
intelligible differentia between those who use the internet and
those who by words spoken or written use other mediums of
communication. To punish somebody because he uses a
particular medium of communication is itself a discriminatory
object and would fall foul of Article 14 in any case.
6.
In reply, Mr. Tushar Mehta, learned Additional Solicitor
General defended the constitutionality of Section 66A. He
argued that the legislature is in the best position to understand
and appreciate the needs of the people.
The Court will,
therefore, interfere with the legislative process only when a
statute is clearly violative of the rights conferred on the citizen
7