HC asks Centre to consider representation to remove unconstitutional provisions from statute

The Delhi High Court Wednesday directed the Centre to consider a representation seeking to remove the provisions from the statute which have already been declared unconstitutional.

A bench of Chief Justice D N Patel and Justice Amit Bansal said the decision on the representation be taken as early as possible and practicable.

The court disposed of a petition seeking direction to the Centre to remove from the statute Sections which have been declared unconstitutional, including Section 66A (punishment for sending offensive messages through communication service) of the Information and Technology Act.

Several criminal law sections were struck down by the Supreme Court but continue to be used by police officials, said the plea, filed by advocate and petitioner Anshul Bajaj.

The petition referred to a news article which stated that the Supreme Court was informed that people were being prosecuted under the scrapped section 66A of the IT Act and police, as well as trial courts across India, continue to use it.

In some cases, trial courts went ahead with framing charges under the defunct IT Act provision, even after taking cognizance of the Supreme Court's 2015 judgment, it said.

It also sought to provide the relevant criminal law bear acts, judgments of the Supreme Court and High Courts that would publicize the obligations and responsibilities of police officers.

The petitioner said he had made a representation to the authorities on August 25 in this regard but no action has been taken.