Published On : Sat, Jul 11th, 2015

Congress flays cases of defamatory remarks tweeted against Maha CM

The complainant claimed that the photo was published on the social media account with the sole aim to damage the Chief Minister’s image.

Nagpur: The youth and activists of Congress party from Nagpur strongly flayed the action initiated against two Congress activists and three activists of Nationalist Congress Party.  What is worth a mention is the fact that the cases are registered under Section 67 (A) of IT.

Section 67 of the Information Technology Act, 2000

67-(A) tells about the punishment for publishing or transmitting obscene material in electronic form. Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees. 

On July 8, 2015, the Oshiwara police registered an FIR against Ajay Hatewar for tweeting defamatory statements against Chief Minister of Maharashtra Devendra Fadnavis and posting a picture of the Chief Minister enjoying a vacation with his family in 2011-2012. The accused has alleged been booked for defamation and under Section 67 (A) of the IT Act.

Oshiwara Police Station’s senior inspector Subhash Khanvilkar while speaking to media personnel said that a probe is underway and the details have been sought from the cyber cell on Hatewar and on where he is based, though investigators suspect he is from Nagpur.

The tweet and picture were allegedly posted from the Twitter handle (@AjayHatewar at 8.36am on July 2, and a mention, allegedly defamatory, was made linking the photo to the Chief Minister’s recent visit to United States of America.

The police complaint was filed by BJP worker Sanjay Pandey who lives in Lokhandwala Complex in Andheri (W) after he received a Whatsapp message from a friend, Raju Yadav, providing a link to the tweet.

The accused has been allegedly booked under the Section 67 (A) of the IT Act by the Oshiwara Police for posting defamatory tweet about the Maharashtra Chief Minister Devendra Fadnavis along with a picture of him with his family on a yacht. The photo is from 2012-2013 when Devendra Fadnavis was on a family vacation trip to the US.