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Judgement Analysis Series: GNLU Centre for Constitutional & Administrative Law (CCAL) Organized its Third Session of the Judgement Analysis Series on September 5, 2015

The third session of the Centre for Constitutional and Administrative Law Judgment Analysis Series was organized on the 5th of September, 2015. The case selected for deliberation was Shreya Singhal v. Union of India, a landmark judgment pertaining to the fundamental right to freedom of speech on the internet.

The Speaker invited to deliberate upon the case was Mr. Prateek Rath, GNLU Alumnus of the 2008 Batch and an advocate practicing at the Karnataka High Court. The session commenced at 6:30 PM, with a warm welcome by Mr. Shreesha Kailankaje. Mr. Rath chose to read out some pertinent paragraphs from the said judgment. Several important cases, both Indian and American, were pointed out in a very methodical manner, along with their implications on the present case. The question of unconstitutionality as to whether Section 66A of the IT Act of 2000 violated the right to freedom of speech promised to all citizens under Article 19(1) (a) of our Constitution was deliberated upon. Arguments from both the petitioners and the Attorney General were emphasized upon. The question of intelligible differentia of print media and internet was also made, satisfying the criterion present under Article 14 of the Indian Constitution. Government’s power to issue directions for blocking for public access of any information through any computer resource, which is given by Section 69A of the above said act was also challenged by the petitioner. Justice Rohinton Nariman arrived at the conclusion that 66A should be struck down from the Act whereby 69A was upheld.

This was later followed by a question-answer session, an opportunity which was seized by several enthusiastic students. Several examples were cited from the news and applied to the principles laid down in the case and the session was wrapped up by Ms. Sai Saranya with the vote of thanks.

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Last Updated : 22-09-2015