The Delhi High Court on Tuesday said there will be no stay on the investigation into an FIR registered under the SC/ST (Prevention of Atrocities) Act on the complaint of Delhi Police ACP Vivek Bhagat against a woman journalist, LiveLaw reported. Justice Mini Pushkarna issued notice on the pleas filed by the journalist and by another journalist who owns the organisation Digi News, and listed the matter for final hearing on November 17.

Source: LiveLaw

"I will simply issue notice. I will hear it on merits once [police] reply is there. Investigation will continue," the court said, clarifying that it was not passing a reasoned order rejecting the stay prayer for now and would consider the prayer finally on the next date. The court directed the respondents to file a status report or reply before November 17, ANI reported.

Source: ANI via LatestLY

The FIR, registered at Parliament Street police station, alleges that the journalist and her colleagues subjected Bhagat to public humiliation and casteist slurs while he was on duty during a protest against Chief Election Commissioner Gyanesh Kumar at Buta Singh Chowk on October 3. It invokes sections 221, 356(2) and 3(5) of the Bharatiya Nyaya Sanhita alongside provisions of the SC/ST Act, LiveLaw reported.

Source: LiveLaw

The journalist, an independent journalist named Rosy in ANI's report, has alleged the opposite sequence of events: she says she was recording the detention of an activist at the protest when Bhagat allegedly touched her inappropriately and pushed her. She lodged a sexual harassment complaint on October 3, which was later transferred to the Crime Branch; no FIR has been registered on her complaint so far. Appearing for the journalists, senior advocate Tanvir Ahmed Mir argued the SC/ST Act case was retaliatory, pointing out that Bhagat's complaint came on October 13 and an FIR followed within 26 minutes, and he referred to interim protection the Supreme Court has granted the journalist against coercive action. All allegations on both sides are yet to be tested in court.

Source: LiveLaw