IN THE HON’BLE SUPREME COURT OF INDIANA

IN THE MATTER OF:

PUBLIC INTEREST LETIGATION NO. _____/2014

(Under Article 32 of the Constitution of INDIANA)

Ms. RUHI SHAH … PETITIONER

Versus

UNION OF INDIANA …RESPONDENT

ADVOCATE FOR PETITIONER

NAME: SUKETU KIRANCHNDRA BHATT

ROLL No: 301011

Memorial for Petitioner 1|Page

 INDEX

1. LIST OF ABBREVIATIONS………………………………………………. 3

2. BIBILOGRAPHY AND REFERENCES………………………………….. 4

3. STATEMENT OF JURISDICTION……….………………………………. 5

4. SUMMARY OF FACTS……………………………………………………. 6

5. QUESTIONS OF LAW…………………… ……………………………….. 7

6. SUMMARY OF ARGUMENTS…………………………………………… 8

7. BODY OF PLEADINGS…….………………………………………….. 9

8. PRAYER……………………..……………………………………………12

Memorial for Petitioner pg. 2

 LIST OF ABBREVIATIONS

 IT ACT – Information Technology

 AIR- All India Reporting

 SC – Supreme Court

 SCR- Supreme Court Reports

 SCC- Supreme Court Cases

 Hon’ble- Honorable

 V. - Versus

 Art- Article

 FIR – First Information Report

 PIL- Public Interest Litigation

Memorial for Petitioner pg. 3

 BIBILIOGRAPHY AND REFERENCES

(A) LIST OF STATUES

(B)
 THE CONSTITUTION OF INDIA/ INDIANA, 1950
 INFORMATION TECHNOLOGY ACT 2000

(C) BOOKS REFERRED

 THE CONSTITUTION OF INDIA BY NOSHIRVAN H. JHABVALA

 INFORMATION TECHNOLOGY ACT 2000, JAMNA DAS & CO.

(D) INTERNET SOURCES

 www.indiankanoon.org
 www.lawctopus.com

(E) CASES CITED

 D.S. Nakara V. Union of India

 A K Roy Vs. Union of India
 Life Insurance Corporation of India & Union of India

Memorial for Petitioner pg. 4

 STATEMENT OF JURISDICTION

TO HON'BLE THE CHIEF JUSTICE OF INDIANA

AND HIS COMPANION JUDGES OF THE

SUPREME COURT OF INDIANA.

MOST RESPECTFULLY SHOWETH THAT:

That the present petition seeks to challenge the constitutional validity of various provisions of the
amended Information Technology Act, 2000, under Article 32 of the Constitution of Indiana by
way of Public Interest Litigation, including Sections 66A as being violative of constitution of
Indiana.

ADVOCATE FOR PETITIONER

Memorial for Petitioner pg. 5

 SUMMARY OF FACTS

 The Petitioner Ms. Ruhi Shah, like many other citizens of this Country is a user of the
internet and social networking sites such as Spacebook. The Petitioner is an author and
also a social activist who posted a comment and Cartoon on 16th of July 2014 on a social
networking site, namely Spacebook. The post was related to a prominent political leader
of the national party, Regional Seva Party (RSP). In wake of the comments and picture
posted by the Petitioner concerning the leader of RSP, the party activist of RSP filed an
FIR on 17th of July 2014 against the Petitioner in the city of Brahmapuri, Avadrastra.

 The FIR was filed under Section 66A of the Information Technology Act (IT Act), 2000,
which provides for a cognizable offence. Taking cognizance of the FIR the police arrested
the petitioner and later released her on bail. On 20th July 2014, again in another incident,
two Air Indiana employees, were arrested by the Police in Avadrastra under inter-lia Sec
66 of the IT Act, for putting up content on SpaceBook against a trade union leader and
some politicians and were held in custody 14 days
.
 Aggrieved by the action of the police against the petitioner and other similar incident, the
Petitioner has filed the present Writ Petition under Article 32 of the Constitution of Indiana
by way of Public Interest Litigation (PIL) on the 4th August 2014.

 From the above facts contentions are raised by petitioner Ms. Ruhi Shah is that Section 66
A of the Information Technology Act 2000 is unconstitutional and violates constitution of
Indiana.

Memorial for Petitioner pg. 6

 QUESTIONS OF LAW

1. Weather the writ petition under Article 32 is maintainable or not?

2. Weather Sec 66A of Information Technology Act 2000 is unconstitutional and violates
Fundamental Rights guaranteed under constitution?

3. Weather Section 66A of the Information Technology Act 2000 is Arbitrary, Vague &
Unreasonable?

Memorial for Petitioner pg. 7

 SUMMARY OF ARGUMENTS

1. Weather the writ petition under Article 32 is maintainable or not?

• Petition filed by Ms. Ruhi Shah & others is maintainable because the PIL under Article 32
is filed when there is breach of some public duty or a breach of a constitutional provision
which causes injury to the general public, any person may be allowed to file writ petition
for such violation. In this case Sec. 66A of Information Technology Act 2000 is violative
of fundamental rights guaranteed in chapter-III of constitution of Indiana.

2. Weather Sec 66A of Information Technology Act 2000 is unconstitutional and violates
Fundamental Rights guaranteed under constitution?

• vague description of various acts constituting an offence under Section 66A of the IT Act,
without any definition or prescription of standards whatsoever and being capable of
wanton abuse is violative of the sacrosanct freedom of speech and expression guaranteed
by Article 19 (1) (a) of the Constitution and so also violative of Article 14 and 21 of the
Constitution

• vague and arbitrary terms under Section 66A of the amended Information Technology
Act, 2000 provides the scope for their blatant abuse by the law-enforcement agencies,
thereby prejudicially impacting the enjoyment of the fundamental rights under Chapter
III of the Constitution of Indiana

3. Weather Section 66A of the Information Technology Act 2000 is Arbitrary, Vague &
Unreasonable?

 When one sends either by means of a Computer, Computer System, Computer Network
or using Mobile Phone or any other communication devices, any information, i.e. data,
message, text, images, sound, voice, codes, computer programs, software and databases
or micro film or computer generated micro fiche, one can be brought under the purview
of Section 66A. Section 66(A) in its current form fails to define the categories
mentioned in it, which has led to inconsistent and arbitrary use of the provision.

 In the case of Sec. 66(A), interpreting it to include any form of communication

transmitted using computer resource or communication device renders it to be absurd
and arbitrary. It is so vast that is gives a tremendous handle in the hands of the
complainant and the police to target anyone.

Memorial for Petitioner pg. 8

 BODY OF PLEADINGS

1. Weather the writ petition under Article 32 is maintainable or not?

• Petition filed by Ms. Ruhi Shah & others is maintainable because the PIL under Article 32
is filed when there is breach of some public duty or a breach of a constitutional provision
which causes injury to the general public, any person may be allowed to file writ petition
for such violation. In this case Sec. 66A of Information Technology Act 2000 is violative
of fundamental rights guaranteed in chapter-III of constitution of Indiana.

• Case Explaining Scope of PIL :

In D.S. Nakara V. Union of India, (1983 1 S.C.C., 305) The Supreme Court explained the
scope of public interest litigation in the following words:

“Any member of the public having sufficient interest can maintain an action for judicial
redress for public injury arising from breach of public duty or from violation of some
provision of the constitution or the law, and seek enforcement of such public duty and
observance of such constitutional or legal provisions.”

In this writ petition, petitioner Ms. Ruhi Shah is an author and also a social activist who
posted a comment and Cartoon on 16th of July 2014 on a social networking site, namely
Spacebook. The post was related to a prominent political leader of the national party,
Regional Seva Party (RSP). In wake of the comments and picture posted by the Petitioner
concerning the leader of RSP, the party activist of RSP filed an FIR on 17th of July 2014
against the Petitioner in the city of Brahmapuri, Avadrastra.

The FIR was filed under Section 66A of the Information Technology Act (IT Act), 2000,
which provides for a cognizable offence. Taking cognizance of the FIR the police arrested
the petitioner and later released her on bail. Due to this reasons petitioner Ms. Ruhi Shah
has sufficient interest to file the PIL for unconstitutionality of the Sec. 66A of the
Information Technology Act, 2000.

2. Weather Sec 66A of Information Technology Act 2000 is unconstitutional and

violates Fundamental Rights guaranteed under constitution?

• That the phraseology of Section 66A of the IT Act, 2000 is so wide and vague and
incapable of being judged on objective standards, that it is susceptible to wanton abuse
and hence falls foul of Article 14, 19 (1) (a) and Article 21 of the Constitution.

• That all terms constituting an offence under Section 66 A of the IT Act have not been
defined either under the IT Act, 2000 or under the General Clauses Act or under any other
legislation and thus susceptible to abuse and consequentially violative of Article 14 and
21 of the Constitution. That there have been so many examples where the alleged misuse
and abuse of section 66A IT act have hit national headlines. They include the application

Memorial for Petitioner pg. 9

 of this section in the cases of Ms Shaheen Dadha, a 21-year-old girl, who was arrested for
questioning the shutdown of the city after Shiv Sena Chief Bal Thackeray's death in her
post on Facebook, which was 'liked' and shared by her friend, Renu, who was also arrested
by Thane Rural police in Maharashtra; businessman Ravi Srinivasan, who was arrested by
Puducherry police in October 2012 for his tweets about Union Finance Minister Sri P.
Chidambaram’s son, Karthi Chidambaram; Ambikesh Mahapatra , a Kolkata professor,
who was arrested in April 2012 for posting cartoons critical of Ms Mamata Banerjee on
social networking sites, Nandakumar Venkataraman, CEO-designate of Ecole Mondiale
International School, Chennai, arrested in 2008 by the Thane Cyber Crime Cell,
Maharashtra for hosting an allegedly libellous blog about a company’s board of governors.

• That Section 66A IT Act has led to extensive abuse and misuse because of its extreme
vagueness, incongruity, looseness and ambiguity. This section violates the Fundamental
Right under Article 19(1)(a), which guarantees that all citizens shall have the right to
freedom of speech and expression, subject to reasonable restrictions provided under
Article 19(2), i.e. in the interests of the sovereignty and integrity of Indiana, the security
of the State, friendly relations with foreign States, public order, decency or morality, or in
relation to contempt of court, defamation or incitement to an offence.

• That the vague and wide terms employed in Section 66A of the amended Information
Technology Act, 2000 are incapable of being judged on objective standards and are
susceptible to wanton abuse and hence are violative of Articles 14, 19 & 21 of the
Constitution of Indiana. Seen in the context of the law of the land decided by this Hon’ble
Court in A K Roy Vs. Union of India (1982) 1SCC 271, it may be submitted that Section
66A of the amended Information Technology Act, 2000 is capable of wanton abuse and
further capable of being extended cavalierly in such a manner as to allow the deprivation
of the personal liberty of people, which per se would be a flagrant violation of the principle
of fairness and justness of procedure that is implicit in Article 21 of the Constitution of
Indiana.

• That Section 66A of the amended Information Technology Act, 2000, is capable of
tremendous abuse which could have a chilling effect on online free speech. Its arbitrary
invocation has elicited strident protests from all sections of the stakeholders, including the
online community.

• That as per the established law of the land, the constitutional protection of free speech is
calculated to insulate the freedom from such a “chilling effect”. Section 66A of the
amended Information Technology Act, 2000 allows the institution of criminal proceedings
on frivolous grounds against law abiding citizens exercising legitimate freedom of speech
and expression as guaranteed to them under Article 19 of the Constitution of Indiana,
which by itself is tantamount to harassment of bona fide law abiding citizens, inadequately
mitigated by eventual discharge.

Memorial for Petitioner pg. 10

 • That Section 66A IT Act is extremely vague, wide, all pervasive, confusing, incongruent
and ambiguous, and violates the Fundamental Rights of the citizen under Articles 14, 19
and 21 of the Constitution of Indiana, and has all the possibility of being misused and
abused.

• The Section 66A of the Information Technology Act negates the law laid down in Life
Insurance Corporation of India & Union of India & Anr. vs. Prof Manubhai D. Shah &
Cinemart Foundation AIR 1993 SC 171, wherein the Court held the freedom of speech to
be a basic human right in the following words:
o “Speech is God's gift to mankind. Through speech a human being conveys his thoughts,
sentiments and feelings to others. Freedom of speech and expression is thus a natural right
which a human being acquires on birth. It is, therefore, a basic human right. "Everyone
has the right to freedom of opinion and expression; the right includes freedom to hold
opinions without interference and to seek and receive and impart information and ideas
through any media and regardless of frontiers" proclaims the Universal Declaration of
Human Rights (1948). The People of Indiana declared in the Preamble of the Constitution
which they gave unto themselves their resolve to secure to all citizens liberty of thought
and expression. The words 'freedom of speech and expression' must, therefore, be broadly
construed to include the freedom to circulate one's views by words of mouth or in writing
or through audio-visual instrumentalities. It, therefore, includes the right to propagate
one's views through the print media or through any other communication channel e.g. the
radio and the television. Every citizen of this free country, therefore, has the right to air
his or her views through the printing and/or the electronic media subject of course to
permissible restrictions imposed under Article 19(2) of the Constitution.”

3. Weather Section 66A of the Information Technology Act 2000 is Arbitrary, Vague &
Unreasonable?

• That the Information Technology Act, 2000 was enacted in Indiana as a legislation to
provide legal recognition for transactions carried out by means of electronic data
interchange and other means of an electronic communication commonly referred to as
electronic commerce, which involved the use of alternatives to paper-based methods of
communication and storage of information.

• The following important provisions of the Information Technology Act, 2000, as amended
by the Information Technology (Amendment) Act, 2008, are under challenge in the
present petition.

“Section 66A- 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

Memorial for Petitioner pg. 11

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 makes by making use of such computer resource or a communication device; or

c) any electronic mail or electronic mail message for the purpose of causing annoyance or
inconvenience or to deceive or to mislead the addressee or recipient about the origin of such
messages, shall be punishable with imprisonment for a term which may extend to two three years
and with fine.

Explanation:- For the purposes of this section, terms "electronic mail" and "electronic mail
message" means a message or information created or transmitted or received on a
computer, computer system, computer resource or communication device including
attachments in text, image, audio, video and any other electronic record, which may be
transmitted with the message.”

All wide meaning terms used under Section 66A of the I.T. Act, such as annoyance,
inconvenience etc., have not been defined, which itself provides huge amount of flexibility
in Section 66A to be used in any circumstances perceivable. Thus, large portions of
legitimate free online speech could also be brought within the ambit of the section. Given
the advent of technology and the way people are misusing the same, there could be
millions of situations which could qualify as offences under Section 66A. Therefore, it is
submitted that Article 66A of the I.T. Act is vague in character and should hence be wholly
struck down.

Memorial for Petitioner pg. 12

 PRAYER

Wherefore, in light of the facts of the case, issues raised, arguments advanced & authorities cited;
this Hon’ble Court may be graciously pleased to adjudge and declare that:

1. Issue appropriate writ declaring Section 66A of the amended Information Technology
Act, 2000 as violative of Articles 14, 19 & 21 of the Constitution of Indiana and hence
unconstitutional.
AND/OR
Pass any other order that it deems fit in the interest of Justice, Equity and Good
Conscience.

FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALLEVER

PRAY.
Filed by:

ADVOCATE FOR THE PETITIONER

FILED ON:

Memorial for Petitioner pg. 13

Memorial for Petitioner pg. 14