JUDGMENT
R.F. NARIMAN, J.
1.
This batch of writ petitions filed under Article 32 of the
Constitution of India raises very important and far-reaching
questions relatable primarily to the fundamental right of free
speech and expression guaranteed by Article 19(1)(a) of the
Constitution of India. The immediate cause for concern in these
petitions is Section 66A of the Information Technology Act of
2000. This Section was not in the Act as originally enacted, but
came into force by virtue of an Amendment Act of 2009 with
effect from 27.10.2009.
Since all the arguments raised by
several
the
counsel
for
petitioners
deal
with
the
unconstitutionality of this Section it is set out hereinbelow:
“66-A. Punishment for sending offensive
messages through communication service, etc.
—Any person who sends, by means of a computer
resource or a communication device,—
(a) any information that is grossly
offensive or has menacing character; or
(b) any information which he knows to
be false, but for the purpose of causing
annoyance, inconvenience, danger,
obstruction, insult, injury, criminal
intimidation, enmity, hatred or ill will,
persistently by making use of such
2