Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity
New Delhi, Feb 20 (PTI): The Delhi High Court has refused to quash an FIR against AAP MP Swati Maliwal for allegedly disclosing the identity of a 14-year-old rape victim who succumbed to injuries.
Justice Neena Bansal Krishna said Maliwal's claim that she was protected from prosecution as her actions were in good faith would have to be proved at an appropriate stage and there was no ground for closing the proceedings in the present plea.
Delhi Police registered the FIR against Maliwal in 2016 when she was the chairperson of Delhi Commission for Women, and said there was a blatant violation of provisions of Juvenile Justice Act, which protect the identity of a minor victim of sexual offence.
"Prima facie, offence under Section 74 read with Section 86 of the Juvenile Justice (Care and Protection of Children) Act, 2015 is clearly disclosed. Insofar as the petitioner's claim that she has protection under Section 100 of the Juvenile Justice (Care and Protection of Children) Act, 2015 for her actions done in good faith is concerned, it is her defence which is required to be proved in accordance with law at the appropriate stage," the court said on February 13.
The judge added, "Therefore, there is no ground for quashing of the FIR and the proceedings..."
Maliwal sought a court-monitored probe in the matter, saying despite the minor's death, the police did not invoke the murder charge in the FIR.
The court said the prayer was infructuous as a chargesheet was filed in the two cases in relation to the incident and the cases were pending trial.
It is now for the trial court to consider them and no fruitful purpose would be served by referring further investigation to an SIT, the court said.
The minor girl succumbed to her injuries on July 23, 2016 in a hospital after being sexually assaulted by her neighbour who allegedly forced a corrosive substance down her throat and damaged her internal organs.
The police said Maliwal circulated a notice she had sent to the area deputy commissioner of police, in which she sought to know about the investigation in the rape case.
The notice, which was given to the print and electronic media, reportedly named victim.
The FIR alleged that the notice was "intentionally circulated" on various WhatsApp groups and shown by TV channels.
On account of the presence of the consent of the victim's parents to disclose her name, Section 228A (Prohibition on disclosure of identity of the victim) of the IPC was dropped and Section 74 of the Juvenile Justice Act was added in the case.
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India, Vietnam elevate ties to enhanced comprehensive strategic partnership; set USD 25 bn
New Delhi (PTI): India and Vietnam on Wednesday elevated their ties to an enhanced comprehensive strategic partnership and set a USD 25 billion annual trade target by 2030 as Prime Minister Narendra Modi and Vietnamese President To Lam held talks focusing on expanding bilateral ties in areas of trade, defence, and critical minerals in the face of increasing geopolitical upheavals.
Following the Modi-Lam meeting, the two sides signed as many as 13 agreements which will provide for deeper two ways engagements in a range of areas including digital payments, rare earth minerals, pharmaceuticals, education, banking and culture.
Modi and Lam also deliberated on the situation in the Indo-Pacific amid China's increasing assertiveness in the region, and agreed to continue to contribute to the rule-of-law, peace, stability, and prosperity.
It is understood that China's growing military muscle-flexing in the South China Sea also figured in the delegation-level talks between the two sides.
Elected as president earlier this month, Lam began his first state visit to India on Tuesday, leading a high-level delegation for a three-day trip.
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"A decade ago, Vietnam became India's first comprehensive strategic partner in ASEAN (Association of Southeast Asian Nations) . Since then, our relations have made rapid and comprehensive progress," Modi said in his media statement.
"Building on this strong foundation, today we are elevating our relations to the level of Enhanced Comprehensive Strategic Partnership. We will now advance our partnership to even higher goals," he said.
"Our cooperation will reach new levels in every area ' culture, connectivity, and capacity building, as well as security, sustainability, and supply chain resilience," Modi added.
He noted that the bilateral trade between India and Vietnam has doubled in the last decade to reach USD 16 billion and that the target now is to increase it to USD 25 billion by 2030.
Modi also cited a plethora of agreements signed between the two countries to emphasis that the economic engagement is expected to witness a significant upswing going forward.
"The MoU between our drug authorities will now increase access to Indian medicines in Vietnam. Exports of Indian agricultural, fisheries, and animal products to Vietnam are also set to become easier. Very soon, Vietnam will taste India's grapes and pomegranates," he said.
The two sides also agreed to update the India-ASEAN trade agreement by the end of this year.
"This will provide a new impetus to trade and investment between India and all ASEAN countries. New initiatives in critical minerals, rare earths, and energy cooperation will ensure the economic security and supply chain resilience of both countries," Modi said.
"To boost financial connectivity, we have today decided to enhance cooperation between our central banks. India's UPI and Vietnam's fast payment systems will soon be linked. Furthermore, we are strengthening state-to-state and city-to-city cooperation between the two countries," he noted.
Modi said India is grateful to Vietnam for its strong condemnation of the Pahalgam terrorist attack and standing with India in its fight against terrorism.
"In this era of global turmoil and economic challenges, thanks to their talent, good governance, and economic reforms, India and Vietnam are emerging as the world's fastest-growing economies," he said.
"Now, through our enhanced strategic partnership, we will support each other's rapid growth. As the Buddha's teachings say, 'If you light a lamp for someone else, it also illuminates your own path'," Modi said.
He also described Vietnam a a key pillar of India's Act East Policy and Vision Ocean.
"In the Indo-Pacific region as well, we share a common outlook. Through our strengthening defence and security cooperation, we will continue to contribute to the rule-of-law, peace, stability, and prosperity," he said.
The prime minister said India will broaden its relations with ASEAN with Vietnam's cooperation.
In his remarks, Lam said both sides agreed to deepen political trust and elevate security cooperation.
Last year, the two sides inked a pact to set up a framework for submarine search, rescue and support mechanism. They also signed a letter of intent (LoI) to strengthen bilateral defence industry collaboration.
