Important Legal News | 27 October

Allahabad High Court Rules Liking Obscene Posts Not an Offence, But Sharing Is

The Allahabad High Court has clarified that liking obscene posts on social media platforms like Facebook or X (formerly Twitter) does not constitute an offence under Section 67 of the Information Technology Act (IT Act). However, sharing or retweeting such posts qualifies as “transmission” under the same section and may lead to legal consequences. Justice Arun Kumar Singh Deshwal explained that liking a post is not considered publishing or transmitting the content. 

The court made this determination while hearing a case involving provocative social media messages that led to an assembly. The court found that Section 67 of the IT Act specifically pertains to obscene material and not merely provocative content. As a result, the court quashed proceedings against the accused, stating that no case was made against him.

NGT Calls for Strict Compliance with Firecracker Restrictions, Emphasises Health Over Celebration

The National Green Tribunal (NGT) in Bhopal has urged strict compliance with the Supreme Court’s directions and NGT’s own principal bench regarding the regulation and restrictions on the use of firecrackers. The NGT emphasised that no one should infringe on the fundamental right to health under Article 21 of the Indian Constitution under the pretext of celebrations. It stated that celebrations should not come at the expense of the health of others, particularly senior citizens and children.

The NGT clarified that there is no “total ban” on firecrackers but only those deemed injurious to health, especially for children and the elderly, are banned. The tribunal also warned against permitting the use of banned firecrackers under the guise of celebrations. The matter will be further discussed in a hearing on November 8 and the NGT stressed that non-compliance with these regulations by state governments and Union Territories will be viewed seriously.

Delhi Judge Appeals to Supreme Court Against Adverse Remarks by High Court

An Additional Sessions Judge (ASJ) in Delhi has moved the Supreme Court to have certain adverse remarks made against him by the Delhi High Court expunged. These remarks were in response to the ASJ’s criticism of Delhi Police officials. The Delhi High Court had previously declined to remove these comments. In the ASJ’s plea, he argued that the High Court failed to consider Rule 13 of the Delhi Police (Punishment and Appeal) Rules, which permits lower courts to pass strictures against police officials. 

The ASJ also asserted that his directions to update crime records bureau data aligned with Supreme Court decisions. The matter is under consideration, with Senior Advocate P. Chidambaram representing the judicial officer. In a related case, the Delhi High Court recently declined to expunge remarks made in a 2022 order criticising a sessions judge’s decision.