New Delhi, Oct 27 (PTI) The Delhi High Court on Tuesday refused to stay the investigation in a case filed against a woman journalist for making alleged casteist remarks against a police officer during a protest near Jantar Mantar earlier this month.
Justice Mini Pushkarna said the court was not rejecting the interim prayer at this stage and it was also not passing any order on it.
The court issued notice to Delhi Police and Assistant Commissioner of Police (ACP) Vivek Bhagat, the complainant in the case, on the journalist’s petition seeking quashing of the FIR, and asked them to file their replies before November 16, the next date of hearing.
“I am simply issuing notice on the petition and the interim application. Unless and until I have their (police) stand, I can’t stay the investigation. I will hear it on merits once I have their reply. The investigation will continue,” the judge said.
“I am not rejecting any prayer as of now. I am only issuing notice to them. The matter needs consideration; list for final hearing on November 16,” she added.
The court said parties are at liberty to file their written submissions along with the judgments they wish to rely upon.
The high court also passed a similar order on another plea by a male colleague of the woman journalist seeking quashing of the FIR registered against him.
Earlier, the woman journalist had filed a sexual assault complaint against ACP Bhagat. Her complaint is being investigated by the Delhi Police Crime Branch.
During the hearing on Tuesday, the scribe’s counsel contended that the FIR filed by the ACP was lodged only to intimidate her into not pursuing the complaint against him.
He submitted that the woman journalist herself belonged to the Scheduled Tribe (ST) community of Nagaland and how she would know Bhagat’s caste.
The counsel said the FIR against the scribe was totally malafide, revengeful and a retaliatory action.
The counsel further contended that the woman went to the police station on October 3 to lodge an FIR, but police registered the case 10 days later on October 13.
However, ACP Bhagat gave his complaint on October 13 and the FIR was lodged within minutes, he said.
As the court was not inclined to stay the investigation in the SC/ST Act case, the counsel submitted that the Supreme Court has already granted interim protection from coercive action to the woman journalist and urged the court to grant the same relief to the male scribe.
The counsel for the State vehemently opposed the prayer for interim stay on the investigation.
Delhi Police registered the FIR against the independent journalist and others on a complaint by Bhagat, posted at the Connaught Place sub-division of New Delhi district, alleging casteist remarks, public humiliation and defamation directed at the officer during the protest.
The FIR was registered under relevant provisions of the SC/ST (Prevention of Atrocities) Act and sections 221 (obstructing a public servant from discharging duty), 356(2) (defamation) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita (BNS).
According to the FIR, Bhagat was performing law and order duty near the Buta Singh roundabout near Jantar Mantar on October 3 when he allegedly overheard the woman journalist making derogatory remarks about his Megh/Meghwal caste in public and questioning his appointment as ACP.
The complainant alleged that he ignored the remarks and continued discharging his official duties.
However, around 3 pm on the same day, the journalist accused him of sexual assault during the handling and detention of protesters, and repeatedly confronted him, along with her colleagues, thereby obstructing his official work.
Bhagat also alleged that the journalist and some members of the Cockroach Janta Party, including Abhijeet Dipke, Ashutosh Ranka, Saurav Das and Ratna Singh, circulated posts and reels on social media platforms X and Instagram, accusing him of sexual assault. PTI SKV DIV
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