High Court's special instructions regarding privacy of social media platforms
The Delhi High Court has said that encrypted social media platforms allow privacy and freedom of speech and expression, but their misuse by terrorists and banned organizations should be taken into account by the courts while sentencing. The High Court made this remark while modifying the jail term of two women convicted for being associated with and supporting the banned Islamic State Khorasan Province (ISKP). This organization is affiliated with ISIS.
Propagation of crime cannot be ignored: Court
The jail term of convicts Hina Bashir Beg and Sadiya Anwar Sheikh was revised from eight and seven years respectively to six years. A bench of Justice Pratibha M Singh and Justice Amit Sharma said that considering the specific facts of the present case, the spread of crime through the Internet and social media platforms cannot be ignored.
The fact also cannot be ignored that the appellants used fake identities to hide their original identity and avoid tracing. Both the women had approached the High Court seeking reduction of jail term and parity with the other convict, who was sentenced by the trial court for the period already spent in jail.
Court gave direction on privacy
However, the High Court said that both the women cannot promise complete equality on facts with the third person as the roles assigned to them were also not the same. The appellants are technically skilled persons who have used their educational qualifications to promote terrorism and incite aggressive activities against the country.
The court further said that such cases have to be dealt with differently from cases involving innocent persons who may be drawn into the crime without their knowledge. Factors such as funding through bitcoin and use of journalistic credentials to publish and circulate magazines to incite violence cannot be ignored. The court said that while sentencing for terrorism-related activities, the courts will have to take into account not only the crime committed.
