New Delhi: The Delhi High Court Friday refused to pass an urgent order on a plea by a woman journalist seeking stay on the investigation in a case filed by a police officer alleging casteist remarks and public humiliation against him during a protest near Jantar Mantar earlier this month.
Justice Mini Pushkarna, due to paucity of time, said it cannot pass any order without hearing the police side and added that the matter will be heard after the Dussehra vacation.
The high court will remain closed from October 19 to October 26.
Earlier, the journalist had filed a sexual assault complaint against the officer, Assistant Commissioner of Police Vivek Bhagat. Her complaint is being investigated by Delhi Police’s Crime Branch.
As the counsel for the petitioner urged the court to pass an order staying investigation in the case, the judge said, “No, not like this. I cannot pass any order without hearing them.”
“I cannot pass any such order like this. On the urgency expressed by the petitioners’ counsel, list on October 27,” the judge said.
The counsel for the journalist said that it is a matter which deserved an order today directing a complete stay on the investigation in the FIR.
He also apprised the court that Thursday, the Supreme Court directed no coercive action against the journalist and added that let the counsel for the State give an assurance before the high court that they will not proceed against her.
He said the FIR by the ACP was lodged only to intimidate the woman from not pursing her complaint against him.
The journalist’s petition was filed by advocate Saimon Farooqui.
During the brief hearing, the counsel for the State submitted that the journalist was already protected by the apex court.
The court also adjourned another plea by the journalist’s male colleague seeking quashing of an FIR registered against him.
Delhi Police has registered the FIR against the independent journalist and others on a complaint filed by ACP Bhagat, posted at Connaught Place sub-division of New Delhi district, who alleged casteist remarks, public humiliation and defamation directed at him 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 Buta Singh roundabout near Jantar Mantar October 3 when he allegedly overheard the woman journalist making derogatory remarks about his Megh/Meghwal caste in public and questioning his appointment as an ACP.
The complainant alleged that he ignored the remarks and continued performing his official duties.
However, around 3 pm the same day, the journalist allegedly 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.
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