Notice to youth climate group under UAPA ‘clerical error’: Delhi Police
nNEW DELHI : The Delhi Police on Thursday said a July 8 notice sent to youth climate group Fridays For Future under sections of the Unlawful Activities Prevention Act (UAPA) was a clerical error, saying they had withdrawn it and sent a fresh one under milder sections on July 12.
On July 8, police issued a notice to Fridays For Future under Section 79(3)(b) of the Information Technology Act, 2000, which invokes Section 18 of the Unlawful Activities (Prevention) Act, saying their website depicted contents “which are dangerous for the peace, tranquillity and sovereignty of India.”
The notice was issued following a complaint by Union environment minister Prakash Javadekar over getting multiple emails on his email with the subject ‘EIA2020’ (draft environment impact assessment notification 2020).
Delhi Police on Thursday, however, said the July 8 notice issued under UAPA was a clerical error, which was withdrawn, and a fresh notice was sent to the group under Section 66 of the IT Act on July 12.
Delhi Police’s additional commissioner MS Randhawa said late on Thursday that the police on July 16 wrote to Endurance Domains Technology, clarifying that they had also withdrawn the July 12 notice under Section 66 of the IT Act because the “unlawful activity had ceased”.
“The notice under 66 IT Act (dated July 12) was also withdrawn on July 16 because such unlawful activities had ceased. The first notice (dated July 8) under the incorrect sections was a clerical error, so there was a fresh notice under 66 IT (on July 12) sent to the website. But this was also withdrawn on July 16 and the matter was settled,” Randhawa said.
The Internet Freedom Foundation, which is providing legal help to Fridays For Future (the India arm of a global climate movement started by Swedish youth activist Greta Thunberg in 2018), however, said they haven’t received any updated notice.
Section 79 (3)(b) of the IT Act refers to being notified by government or government agency of any data or communication link being used to commit an unlawful act. Section 66 of the IT Act pertains to criminalising sending of offensive messages through a computer or other communication devices.
Deputy commissioner of police (cyber cell), Anyesh Roy also said the July 8 notice under sections of UAPA was a clerical error. The officer said police learnt of the error on July 12, withdrew the notice and sent a fresh notice under Section 66 of IT Act the following day.
“The notice was supposed to be sent under section 66 IT Act. It got mixed up with the other notice that was to be sent that day. We immediately withdrew the first notice and sent a fresh once under the correct section,” Roy said.
Accordingtotheinternetfreedom Foundation, Fridays For Future’s website had been disabled by its domain service provider on July 10.
Upon enquiry, the service provider had informed them that the website had been blocked in accordance with a notice received from the Delhi Police under Section 79(3)(b) of the Information Technology Act, 2000 which also invokes the UAPA.
“The Draft EIA Notification 2020 is in public domain. Any suggestion and public comment can be sent to the official mail provided for the purpose i.e. eia2020moefcc@gov.in till August 10, 2020 as mentioned in the notification. How is spamming the hon’ble minister’s personal mail with a lakh mails justified?” asked MOEFCC official spokesperson Gaurav Khare.
Javadekar did not respond to requests for a comment.