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AI-toting Guj cops still brandish scrapped IT law


AHMEDABAD: Gujarat Police, which is the use of artificial intelligence to trap visitors offenders, is leaping constitutional indicators in merry ignorance.

The tech-savvy police power uses an IT legislation rendered obsolete by means of the best courtroom of the land. On March 24, 2015, the Supreme Court had passed a judgment hanging down Section 66A of Information Technology (IT) Act, keeping it unconstitutional because the legislation hit the foundation of liberty and freedom of expression. But Gujarat Police has frequently been slapping the legislation on people. Police had registered 20 cases when the legislation existed between February five, 2009 and March 23, 2015 which has almost doubled to 37 after it used to be held null and void.

It has been amassed through an RTI application dated December 17, 2018, that Gujarat Police booked 33 persons in 20 cases beneath Section 66A of the IT Act, which offers with punishment for sending offensive messages through communication services and products, between February 2009 and March 23, 2015, at eight police stations in Rajkot, Bharuch, Nadiad, Vadodara, Tapi and Morbi districts.

But, since March 24, 2015, when a SC division bench comprising Justice J Chelameswar and Justice R F Nariman held the phase null and void, Gujarat Police has arrested 43 persons in 37 cases.

Complaints might be withdrawn in a phased approach: CID

But, since March 24, 2015, when a SC division bench comprising Justice J Chelameswar and Justice R F Nariman held the phase null and void, Gujarat Police has arrested 43 persons in 37 cases. These cases had been registered in 16 police stations of Kutch, Bharuch, Rajkot, Mehsana, Surendranagar, Valsad, Morbi, Nadiad, Vapi, Surat and Banaskantha districts.

Two police stations — Langhnaj in Mehsana and Wankaner — did not register a unmarried FIR when the legislation used to be in power however registered one case each and every after the phase used to be scrapped.

A senior police authentic of Gujarat Police said that the police division does no longer hold common coaching classes to make the law enforcement officials aware of the adjustments in legislation. “Even a police inspector of Gaekwad Haveli police station of Ahmedabad had filed this kind of case in opposition to a attorney in August remaining year,” said a supply.


Senior advocate S V Raju said law enforcement officials can not document cases beneath phase 66A. “If this phase is invoked by means of police in an FIR, the charges bearing on it'll be quashed by means of the courtroom. An individual can start up contempt of courtroom lawsuits also in opposition to accountable officer no longer following the apex courtroom’s order.”


Gujarat DGP Shivanand Jha did not remark on the factor directing the question to DGP, CID (crime) Ashish Bhatia.


Bhatia said that law enforcement officials would start to withdraw lawsuits filed beneath Section 66A in phase sensible approach. “We would document C abstract in all such cases. Wherever cases have reached the courts and chargesheeted, the similar might be withdrawn after taking permission from involved courts,” said Bhatia.




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