HC refuses to stay probe against woman scribe in SC/ST Act case

New Delhi: The Delhi High Court on Tuesday, October 27, refused to stay the investigation in a case filed against a woman journalist by a police officer over alleged casteist remarks and public humiliation against him 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 the 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 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,” the judge said.

Earlier, the woman journalist had filed a sexual assault complaint against ACP Bhagat. Her complaint is being investigated by the Delhi Police Crime Branch.

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.

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.

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).

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