"The working of this section can lead to any kind of action by the police as it is very wide and can be applied against everybody or anyone can be arrested," the apex court observed while directing Maharashtra government explain the circumstances under which the girls were arrested.
The girls--Shaheen Dhada and Rinu Shrinivasan--were arrested in Palghar in Thane district under section 66A of the Information Technology Act after one of them posted a comment against the shut down and the other 'liked' it.
"On the very first day, when we saw the incident (in the press), we were inclined to examine this matter," said a bench of Chief Justice Altamas Kabir and Justice J Chelameswar which sought response from the Centre on the amendment and misuse of the provision.
It also issued notices and sought responses from governments of West Bengal and Puducherry where a professor and a businessman were arrested under section 66A of the Act for a political cartoon and tweeting against a politician respectively. Delhi Government was also asked to respond.
Attorney General G E Vahanvati replied in the affirmative to the suggestion of the bench that this action of the police was "motivated" and said, "the action of Maharashtra police is not justiciable and in fact, it is indefensible." (More)