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This is precisely what happened to 22-year-old IT professional Rahul Krishnakumar Vaid from Gurgaon, Haryana who was arrested by the Pune police for posting derogatory content about Congress chief Sonia Gandhi and Mahatma Gandhi on an orkut community named — “I hate Sonia Gandhi”.
Interestingly, the person who formed this community is not guilty as per the law. The police said that hating Sonia Gandhi is a personal opinion of the person who formed the community and having a personal opinion about someone is not an offence as per the law.
Vaid was charged under section 292 of Indian Penal Code and section 67 of the Information Technology Act because he created a profile and then posted content in vulgar language about Sonia Gandhi in the community.
Amol Bhokare, a Congress activist from Pune had lodged a complaint with Deccan Gymkhana police station against unknown persons in December 2007.
During investigations, the cyber crime cell of Pune police communicated with the Google company seeking details about the who formed this forum and circulated the obscene content. It was known that the vulgar message about Sonia Gandhi was circulated through an email address – Rahulvaidindia@gmail.com . The owner of the email id Rahul Vaid was traced to Chakarpur in Gurgaon city of Haryana.
Deputy Commissioner of Police Sunil Phulari dispatched a team of cyber crime cell comprising of assistant commissioner Netaji Shinde, assistant inspector Chandrakant Thakur, constables Navnath Walke and Sunil Shelke to Haryana.
The police team nabbed Vaid at his residence on Friday evening. The accused was brought to Pune by flight and produced before the Shivajinagar court on Saturday. Vaid has been remanded to police custody till May 21. If proved guilty, Vaid could be imprisoned for up to five years and may have to pay a fine up to Rs one lakh.
During interrogations, Vaid told the police that he posted the message because he hated Sonia Gandhi and was not aware that it would lead to a police case.
Vaid is a commerce graduate and was working in the hardware department of an IT company in Gurgaon.
Ignorance of law no excuse , hey dear Rahul vaid , defenatly you could find crores of person in the country even in the world who hates sonia but expressing yourself in any concern is more important which you might did it in wrong way ( i hvn't gone through what you'd posted ) , but contrast is your feelings are there and are not appreciated as your personal views , which should be done , after all you have use your fundamental right , by the way if you could get out of this senario please take care next time , may god help you , ashutosh
Nice thing, isn't it?I think rule of the freedom of speech has been changed to "One can express his opinion against anything but 'the ruler' Gandhi family".Doesn't it seem like this? This does not mean that we are supporting the the mail. It seems that a person(who gave complaint in police)doesn't feel bad when he sees a painting of BHARATMATA by M F Husain or when he reads a news that M Karunanidhi has spoken something bad against LORD RAM but when it comes to Gandhi family this becomes a complainable issue for him....! I think that family is more that even a God even BHARATMATA for him....!
BOTH THE SECTIONS ON WHICH THIS BOY HAS BEEN CHARGED DEAL WITH OBSECENITY. IT IS A PITY THAT ONE OF SONIA GANDHI'S FOLLOWERS IN PUNE GOT DEPRAVED BY READING THIS BOY'S WRITING IN ORKUT. WRITING DEROGATORY REMARKS AGAINST ANY PERSON EMINENT OR NOT IS NOT COVERED BY THESE PROVISIONS. I HOPE THE JUDICIAL OFFICER WILL RECORD A FINDING THAT THE WRITINGS OF THIS BOY IS NOT COVERED BY THE ARTICLES UNDER WHICH HE IS CHARGED AND RELEASE HIM.
Do this country really has freedom of expression?Or is it limited only to people like M.F.Hussain,Taslima (evan bangladeshis have freedom in india) etc?
Yes. People in a democracy has freedom of expression, but it is highly indecent and inappropriate to write deregatory stuff about anybody. That actually is defamatory. Besides, why hate the lady? Blame the rank and file Congress party for not finding a competent person to hold the position she has been holding for a decade. If the talent she has is all that the Congress party could offer to the nation, India as a nation is in trouble. Mr. Bhokare probably expects to get noticed by the high command. That is all one needs right?
I hate Mrs. Sonia Gandhi as well.Yes Mrs. Sonia Gandhi, how do signal "one" to another person. With the forefinger {index finger} or the thumb.The new rupee coins introduced in which you had a hand are terrible.
What a dictatorship! So MF Hussain can draw naked Bharat mata and Hindu goddess and Karunanidhi can call Shri Ram drunkard, but we are not allowed to say truth about this Italian dictator Sonia Maino.
From Munich, 19 GILC members have released a statement opposing the Internet Content Rating Association's attempt to establish new international content rating standards. Such standards pose a threat to the long-term preservation of free speech on the Internet. A collection of essays and studies written by signatories of the statement, 'Filters and Freedom: Free Speech Perspectives on Internet Content Controls', has been released in conjunction with the conference. Upcoming Conference Seeks International Content Rating System. At a conference in Munich on September 9-11, the Internet Content Rating Association, a new global consortium of corporations including AOL, Microsoft, IBM, British Telecom and Bertelsmann will push towards a world-wide policy of self-rating. Concerns have been raised that content rating could threaten the freedom of expression, diversity of views and accessibility that the Internet currently offers.
We,the members of the Global Internet Liberty Campaign believe that this kind of police action will have a harmful impact on free expression. In our opinion, Indian police's actions are in direct conflict with United Nations human rights accords and the Indian Constitution and the First Amendment of the USA Constitution because the information that the programmer or any other internet user posted was legal. We also object to the Indian police’s attempt to blur the distinction between posting material on one's own web site and merely linking it to others. If the original reverse-engineering was legal, as we believe, then the subsequent re-publication of the information is legal as well. The Indian police’s tactics have created the perception that Indian democracy which is not a democracy but a highly autocratic Hitlerite Fascist police state believes in swift oppression, using vast police machinery against little people who have an opinion on nation's mostly corrupt political system.
In this nation covered by religious fanatics and crazy politicians and half illiterate janta nothing like liberty, tolerance is possibile ever. Where Sonia Manio or Vasundhara Raje type people are celebrated in form of Idols of Durga/kali etc, how can one expect someone criticizing Sonia? When MF Hussain can be attacked and heralded by BJP goons, when a movie like Water, or Fire can be opposed and banned in India, then what more freedom you expect? When an art student like Chandramohan can be beaten and removed from college for drawing some paintainings, it shows that there is no freedom in India. Sovereign State versus Sovereign Citizen Anyways, I wrote about freedom of expression here, Liberty, Tolerance, Freedom of expression and Political Correctness
Rajesh, did you read the article properly.You'd see action was taken only after somebody had taken the effort to complain about the incident.you should also note that the person who created the orkut channel is free,don't you think if there was some sort of bias the channel creator and the other members of that group could too have been arrested under some pretext.You have a problem with somebody posting abuses against BJP members then stop wasting your time posting stupid messages like this and go after the people who offend you.
This country is ruled by gandhi family.
So many morons have posted absolutely disgusting messages about Advaniji or Modi Ji. Has anyone been arrested? A BIG NO.These rules apply only for congress people. These scoundrels indulge in so much corruption and if you raise your voice against it, it becomes defamation and you will be arrested.When Sonia has abused modi in her gujarat speeches it is not violation of any law? Guess not- because any abuse sonia manio does is not illegal.This is the democracy we live in.Great India.Thanks,Rajesh
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