In a move that has been described as “draconian and unjustified” by the opposition, Bihar police have issued a circular warning that those who make “objectionable and indecent” comments online against the state government, ministers, MLA, parliamentarians and Officials can be registered under the IT Act and the Penal Code of India.
“Lately we have been receiving information about the use of objectionable and indecent language against the government, ministers, parliamentarians, MLAs and government officials through social media / internet. This goes against the provisions of the law and falls within the realm of cybercrime … By this act, it is apt to take action against these offenders ”, states the circular issued by the Economic Crimes Unit of the Bihar Police (EOU).
The circular, dated January 21 and signed by the Additional DGP (EOU and Cyber Crime) NH Khan, has been sent to the main secretaries and secretaries of all state government departments. It states that the EOU is the nodal agency for cybercrime, and that all top secretaries and secretaries must inform it of “such matters” so that “action can be taken.”
In reaction to the circular, RJD leader and opposition leader Tejashwi Prasad Yadav tweeted that “in the birthplace of the Republic,” Bihar’s Chief Minister Nitish Kumar “has been shattering democratic values.” .
Yadav said that the Opposition will not allow the JD (U) -BJP government to “take away the democratic rights of the people.”
JD (U) spokesman Neeraj Kumar said the government’s move is in accordance with the law and “will apply to everyone.” “There is nothing offensive about it,” he said.
ADGP Khan later said that the police will not take any suo motu action. “We will act only if there is a complaint against someone. Under existing legal provisions, anyone who makes objectionable comments can be registered under sections 409, 420 and 467 of the IPC, and under the provisions of the TI Law, ”he said.
Government sources told The Indian Express that the trigger for the circular can be traced back to “objectionable comments” posted on some digital platforms against a district magistrate and chief secretary in connection with the investigation of the murder in Patna this month of Indigo executive Rupesh. Singh. .
Bihar’s move comes two months after the Kerala government said it will “not go ahead with the implementation” of a controversial amendment to the Kerala Police Law to impose a jail sentence for any “offensive” publication in the social networks after a hail of criticism from all political sectors. spectrum, including the ruling CPM and its LDF alliance.
Last month, upon hearing a guilty plea from a 38-year-old woman who was booked by Maharashtra police for allegedly making offensive comments on social media against Chief Minister Uddhav Thackeray and his son Aaditya in July, the High Court Mumbai said that a “public office in a democracy” has to face criticism.
The Maharashtra police had registered several FIRs against people who posted allegedly defamatory content on social media against Thackeray and his son. All of these FIRs came after the death of actor Sushant Singh Rajput in June, when the police claimed that “coordinated attacks” were launched against the Chief Minister and the state government.
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