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Class 11 student sent to jail for Facebook post against UP minister Azam Khan


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Posted
RAMPUR: Going against all rules, police in Rampur (UP) have arrested and sent to the district jail a class 11 student of a reputed public school in Bareilly for uploading what they called an 'objectionable' post against Samajwadi Party strongman and the state's urban development minister Azam Khan. Khan's media in-charge Fasahat Ali also lodged an FIR against the boy. Later, in a court which sent the student to 14 days in judicial remand, his family members said that he had merely shared the post on Facebook and not uploaded it. According to the police, the boy, whose exact age could not be immediately ascertained, was picked up from his house on Monday evening and kept in police lock-up at the Ganj Kotwali thana. READ ALSO: Communal post on FB triggers tension in Bhandara Dinesh Kumar Sharma, SHO, Ganj Kotwali, said, "The Facebook post carried derogatory language against a community and was wrongly attributed to Azam Khan." On Tuesday, the boy was presented before the court of additional chief judicial magistrate which sent him to the district jail. According to police officials, the student has been booked under section 66-A of the Information Technology Act and sections 153A (promoting enmity between different groups on grounds of religion, race, etc.), 504 (intentional insult with intent to provoke breach of peace) and 505 (public mischief) of the IPC. READ ALSO: India tops globally in censoring Facebook content The student's father told TOI: "Police kept us in the dark. On Monday evening they raided our house and took away our son, saying that he had uploaded some objectionable post on the social networking site against Azam Khan. They also told us that he will be released only after being produced before the minister in Rampur." Earlier, on March 5, on a complaint by Ali, Khan's self-styled 'media in-charge', the district police had lodged an FIR against Varanasi tourism officer Ravinder Kumar Mishra for uploading "objectionable pictures" of UP chief minister Akhilesh Yadav, SP supremo Mulayam Singh Yadav and Khan on WhatsApp and other social networking sites. He was booked under similar sections. In 2013, Dalit writer and social activist Kanwal Bharti was similarly arrested by Rampur police for a Facebook post against Khan. Bharti, too, was booked under section 66-A of the Information Technology Act.
http://timesofindia.indiatimes.com/city/bareilly/Class11-student-sent-to-jail-for-Facebook-post-against-UP-minister-Azam-Khan/articleshow/46600144.cms
Posted
Bareilly: In Uttar Pradesh, a Class 11 student, believed to be a minor, was arrested and sent to jail for allegedly posting a fake comment on Facebook, attributed to senior Samajwadi Party leader and the state's Urban Development Minister Azam Khan. A student of Woodrow School in Bareilly district, the boy was booked by the Rampur police, following a complaint by Azam Khan's aide Fasahat Ali Khan on March 15. "I informed the police that this person has posted controversial and inflammatory post in the name of Mr Khan which is a lie. It has hurt the feelings of both Hindus and Muslims and malign Mr Khan's image," the complainant said.... . . .
http://www.ndtv.com/others-news/class-11-student-arrested-for-reportedly-putting-up-a-facebook-post-in-up-minister-azam-khans-name-747520?utm_source=ndtv&utm_medium=top-stories-widget&utm_campaign=story-1-http%3a%2f%2fwww.ndtv.com%2fothers-news%2fclass-11-student-arrested-for-reportedly-putting-up-a-facebook-post-in-up-minister-azam-khans-name-747520
Posted

Another example of misuse of Section 66A of the IT Act ? The Supreme Court of India :

Dec 2014 " The Supreme Court on Tuesday observed that Section 66A of the Information Technology Act, which empowers police to make arrests over social media posts, apparently lacked guidelines on when such power can be exercised and that somebody’s “annoyance” was enough in certain cases for invoking the law. “Section 66A does not give any specific guidance on when to invoke it, unlike the provisions in the Indian Penal Code (IPC). The IPC uses specific words and gives specific illustrations for the offences but that does not appear to be the case with Section 66A. It appears that nobody has to even say anything hateful or meaning ill will… annoyance of someone could be used to invoke it,” said a bench of Justices J Chelameswar and S A Bobde.
LINK
Posted

Unfortunately in our Constitution Freedom of Speech is not absolute , the restrictive clause under Article 19(2) enables the State to make any law and impose vague and broad restrictions on Speech.

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 (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 computer resource or a communication device, © 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 three years and with fine.
Posted
whatever it is, get facebook to ban the account, ask the man to delete the post but to put a kid in jail for posting something stupid is just weird. How many times have these idiot netas have made statements to incite people, how many people get arrested for hate speeches but when a kid shares something, all hell breaks lose. Same thing happened when SS got "hurt" that someone doesnt respect Balasaheb has much as the want people to like him.
"During questioning, he told us that he did not understand the real meaning of what he was posting," said Rampur Superintendent of Police Sadhna Goswami.
They still kept him in jail
Posted

Oh the class 11 boy has been sent to jail for posting on FB while a monster rapist will be on the road in 3 months from the juvenile facility..Great really great!!

Posted

Why are we surprised .This is a state where politicians call rape is just a mistake UP need to be split into 5-6 states and SP influence reduced if they were ever to develop

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