(Image source from: Bangalore student detained for spreading anti-Modi messages on WhatsApp})

Days after a Goa-based naval architect was booked for uploading anti-Narendra Modi messages on Facebook, the Central Crime Branch of the Bangalore City police has detained five students for allegedly spreading anti-Modi messages on the smartphone messenger WhatsApp last Saturday.

While four of the arrested students have been released after interrogation, the main accused  — Sayed Waqar, an MBA student in Bhatkal, Karnataka, has been sent to Belgaum Police station, where an FIR had been registered against him by the Khanapur police for spreading offensive message against the PM-to-be on 16 May. The complaint was lodged by RTI activist Jayant Mukund Tinaikar.

Tinaikar complained that he received a derogatory WhatsApp image of Modi along with other BJP leaders and at once brought it to the notice of senior BJP leaders in Delhi, who asked him to  approach the superintendent of police and lodge an FIR.

Reportedly, the image contained a morphed picture — depicting the final rites of Modi being performed — and attended by L K Advani, Rajnath Singh, Sushma Swaraj, Baba Ramdev, Maneka Gandhi and Varun Gandhi. It carried the caption: Na Jeet Paye Jhooton Ka Sardar — Ab Ki Baar Antim Sanskar (A false leader will never win, this time it's final rites)."

On probing, police traced down the origin of the message to Waqar in Bangalore. Interestingly,  Waqar claims to be an Aam Aadmi Party worker, but police is yet to verify this.

Tinaikar told the Bangalore Mirror, "I got the message only once, but they have shared it with many people. We can't rule out any terror link either. Well educated people, software technology and Bhatkal - all are here and they are spreading this message showing a picture of Modi as a dead body, which is wrong and alarming."

Waqar has been booked under Section 505 of the IPC and Section 66 of the IT Act — both suggesting strict action for spreading offensive messages through communication service.

Waqar's arrest comes days after a young shipping professional, Devu Chodankar, was booked for a Facebook post, where he claimed that if elected to power, Modi would unleash a 'holocaust'. He deleted his post later and apologized for his words, calling it his crusade against the “tyranny of fascists”. Devu Chodankar has been booked under Section 66-A of the IT Act among others and is currently absconding.

Both incidents raises questions on the implications of Section 66-A, which deals with punishment for those who send offensive messages via communication services. In Waqar's case, while his message is undenyingly distasteful, detaining him and doubting him for spreading a possible terror threat without any substantial proof is not only overmuch, but is also likely to be nullified by court of law.

For your information, the Section 66-A reads,

"Any person who sends, by means of a computer resource or a communication device,
(a) any information that is grossly offensive or has menacing character;
(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience,  danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently by making use of such computer resource or a communication device,
(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages."

Given that words like "annoyance, inconvenience" finds mention in this section, there's little surprise that the outgoing UPA government, which hastily included this section to the amended version of the IT Act in 2008,  wanted the law to be explained and enforced in the harshest  ways. Which is why social media posts and chat messages that are little over-the-top, controversial or distasteful are ending up attracting arrests.

The BJP must take into consideration that the two individual cases happened prior to the new government came into being before.

That said, the two cases are raising big questions on whether the new sarkaar will enforce greater alarmism and censorship in the name of increased supervision?

AW: Suchorita Choudhury