The Delhi High Court on Tuesday issued notice on pleas filed by a woman journalist and a male journalist challenging an FIR registered under the SC/ST (Prevention of Atrocities) Act on a complaint by Assistant Commissioner of Police Vivek Bhagat, but refused to stay the investigation, news agency ANI reported.
Source: ANI via Latestly
"I will simply issue notice. I will hear it on merits once [police] reply is there. Investigation will continue," Justice Mini Pushkarna observed, listing the matter for final hearing on November 17. The court clarified that it was not passing a reasoned order for now on the prayer for a stay and would consider that prayer finally on the next date, LiveLaw reported.
Source: LiveLaw
Senior Advocate Tanveer Ahmed Mir, appearing for the journalists, had urged the court to pass a strong interim order staying the investigation, but the court declined to grant that relief at this stage, ANI reported.
The FIR was registered at Parliament Street police station following Bhagat's complaint over alleged caste-related remarks during a protest at Buta Singh Chowk on October 3. According to the plea, Bhagat has alleged that the journalists subjected him to public humiliation and casteist slurs while he was discharging his duty during a protest against Chief Election Commissioner Gyanesh Kumar. The FIR invokes Sections 221, 356(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, along with provisions of the SC/ST Act, LawBeat reported.
Source: LawBeat
The woman journalist, an independent journalist, has separately alleged that Bhagat sexually assaulted her during the same October 3 incident while she was covering the protest. In her petition, she has alleged that the FIR against her was lodged in retaliation for her complaint against the ACP and has denied making the casteist remarks attributed to her. Her complaint was subsequently transferred to the Crime Branch for inquiry, and no FIR has been registered on her complaint so far, according to LiveLaw.
Source: LiveLaw
The journalists have sought quashing of the FIR and consequential proceedings, besides interim protection against arrest and other coercive action. The allegations on both sides remain allegations at this stage, and the court will hear the pleas on merits after the Delhi Police files its response.