HC asks police to respond to plea seeking FIR against Rahul for disclosing rape victim's identity
New Delhi (PTI): The Delhi High Court on Thursday granted time to police to file their response to a plea seeking registration of FIR against Congress leader Rahul Gandhi for allegedly revealing the identity of Dalit girl, who was raped and murdered in 2021, by posting a photo of he with her parents on social media platform X.
The counsel for petitioner Makarand Suresh Mhadlekar, argued that Gandhi had committed a serious offence but the Delhi Police was yet to register an FIR.
The counsel for the National Commission for Protection of Child Rights (NCPCR) said there are no exceptions to the law protecting the identity of minor victims of sexual offences and the "police must register an FIR and take consequential action".
Observing that it would proceed further after police files their response, a bench headed by Acting Chief Justice Manmohan asked the Delhi Police to file a status report in 10 days.
"Counsel for respondent no 3 seeks and is permitted to file status report in 10 days," the bench, also comprising Justice Mini Pushkarna, said, and listed the matter for hearing on December 21.
Advocate Tarannum Cheema, appearing for Gandhi, said no formal notice has been issued to be Congress leader yet on the PIL.
The lawyer for X said that Gandhi's account was temporarily suspended following the post in question, and subsequently, the post was also taken down by it.
The petitioner's counsel, however, alleged that the social media platform was trying to protect Gandhi and the post was made unavailable only in India, and thus, the offence was still continuing.
In 2021, social activist Makarand Suresh Mhadlekar had moved the high court seeking registration of an FIR against Gandhi for allegedly revealing the identity of the minor Dalit girl, rape and murdered that year, by publishing a photograph with her parents on X, formerly known as Twitter.
The nine-year-old Dalit girl had died under suspicious circumstances on August 1, 2021, with her parents alleging that she was raped, murdered and cremated by a crematorium's priest in southwest Delhi's Old Nangal village.
In an affidavit filed in response to the petition, the NCPCR has said Gandhi's conduct was in the violation of provisions of Juvenile Justice Act, 2015, which makes it explicitly clear that any information including family details should not be published in any form which could lead to the identification of any minor victim.
The child rights' body also informed that "in view of the serious offence committed" by the Congress politician, it had forwarded the complaint to the Delhi Police and X for removal of the post in question and taking necessary action against his account.
Considering that the tweet was withheld in India and has not been "removed" completely, X's inaction was contributing towards disclosure of the identity of the victim in violation of Indian laws, it added.
On October 5, 2021, a bench headed by then Chief Justice DN Patel had issued notice to X, then Twitter, on the petition which alleged that Gandhi was "attempting to take political mileage out of the unfortunate incident".
The court had then refused to issue notice to other respondents, i.e. Gandhi, the Delhi Police and NCPCR on the public interest litigation (PIL) at that stage.
The plea has also sought initiation of appropriate legal action against Gandhi by NCPCR.
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People are voting fearlessly in West Bengal this time: PM Modi
Hardoi (UP) (PTI): Prime Minister Narendra Modi on Wednesday said voters
are casting their vote in West Bengal this time in a "fearless atmosphere", which was unimaginable in the past six or seven decades.
He also asserted that the assembly poll results on May 4 will further strengthen the resolve of a developed India.
Voting is underway in 142 constituencies of West Bengal in the second and final phase of polling.
Addressing a gathering after the inauguration of the Ganga Expressway here, Modi said today marks an important day in the festival of democracy.
"Voting for the second phase is underway in Bengal, and reports indicate a massive turnout, with people stepping out in large numbers just like in the first phase. Images of long queues at polling stations are flooding social media, reflecting the enthusiasm of the people to exercise their democratic right," he said.
"What we are witnessing in Bengal today is unprecedented which was difficult to imagine in the past six to seven decades, a fearless environment where people are voting without fear," he said.
The prime minister said this is a powerful symbol of the country's Constitution and the strengthening of democracy.
"I express my gratitude to the great people of Bengal for being so aware of their rights and participating in large numbers," he said.
With several hours of voting still left, the prime minister urged the people of Bengal to continue participating in this democratic festival with the same enthusiasm.
Modi said in the recent Bihar Assembly elections, the BJP and NDA achieved a historic and decisive victory.
"Just yesterday, results of local body elections in Gujarat showed that the BJP secured victories in nearly 80 to 85 percent of municipalities and panchayats.
"The results on May 4 will further strengthen the resolve of a developed India and will infuse new energy into the pace of development of the country."
The first phase of polling for 152 seats -- out of the 294-member West Bengal assembly -- was held on April 23.
The counting of votes for assembly polls in Kerala, West Bengal, Puducherry, Assam and Tamil Nadu will take place on May 4.
