Take down post revealing minor rape victim's identity: Delhi HC to Rahul Gandhi
New Delhi, Dec 21: The Delhi High Court on Thursday asked Congress leader Rahul Gandhi to take down his social media post which revealed the identity of a minor Dalit girl, raped and murdered in 2021, so that the child's identity is protected worldwide.
In the post, which stands geo-blocked by social media platform X in the country, Gandhi published a photograph with the parents of the nine-year-old Dalit girl who died under suspicious circumstances on August 1, 2021, alleging that she was raped, murdered and cremated by a crematorium's priest in southwest Delhi's Old Nangal village.
Following the post, Gandhi's account was suspended by the social media platform for some time but it was subsequently restored.
A bench headed by Acting Chief Justice Manmohan Thursday observed although the post was stated to have been taken down by X, it continued to be available outside India and asked the counsel for Gandhi to have it removed.
"If we have to protect the identity of the victim, it is necessary it is done all over the world," the court said.
"Why don't you take it down? Please take down your post because worldwide it must come down. Please seek instructions...otherwise it will be picked up by press all over the world. It can't be done like this. Please get it down," the bench, also comprising Justice Mini Pushkarna, told Gandhi's counsel advocate Tarannum Cheema.
The court was hearing a 2021 petition by social activist Makarand Suresh Mhadlekar seeking registration of an FIR against Gandhi for revealing the identity of the victim by publishing a photograph with her parents on X, formerly called Twitter.
In response to the petition, the Delhi Police said the petition has become infructuous after an investigation was ordered and the post made unavailable in India, and sought permission to file a status report in a sealed cover as it did not want to "scandalise" the matter.
Delhi government lawyer Santosh Kumar Tripathi said unless the main crime of rape was proven, the subsequent act of publishing the identity of an alleged victim does not become a crime and investigation on the issue of revelation of the victim's identity by Gandhi was underway.
"The petition does not survive. It has become infructuous. Investigation has been ordered," he said.
The court granted four weeks' time to police to file a status report in a sealed cover.
Counsel for the National Commission for Protection of Child Rights (NCPCR) contended that the identity of a victim of sexual assault has to be protected from the moment the crime comes to light and the protection does not come into force after the trial has concluded.
The NCPCR earlier said there are no exceptions to the law protecting the identity of minor victims of sexual offences, and "police must register an FIR and take consequential action".
The counsel for the family of the child victim raised objections with respect to the discussion on the criminal case in an open court.
Senior advocate Mahesh Jethmalani, appearing for the petitioner, also opposed the police's stand, saying the agency failed to understand the seriousness of the matter and the identity of the child has to be protected even at the stage of allegations.
It was also emphasised that the content continued to be available and was withheld only in India.
X's counsel said the removal of the post worldwide involved issues concerning extraterritorial application of Indian laws.
On October 5, 2021, a bench headed by then Chief Justice DN Patel had issued notice to 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 petitioner has alleged that Gandhi violated the Juvenile Justice (Care and Protection of Children) Act, 2015 and Protection of Children from Sexual Offences Act, 2012, which prohibit the disclosure of identity of minor victims of sexual offences.
The plea also sought initiation of appropriate legal action against Gandhi by NCPCR.
The matter would be heard next in January.
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Putin meets Iran's FM Araghchi, says Russia ready to do its best to help bring peace to West Asia
Moscow (PTI): Iran's Foreign Minister Abbas Araghchi on Monday met Russian President Vladimir Putin, who hailed the Iranian people for fighting bravely and heroically for their sovereignty and said Moscow is ready to do its best to help bring peace to West Asia as soon as possible.
Araghchi, who held talks with Omani and Pakistani leadership before arriving in Russia, met Putin in St. Petersburg and thanked him for supporting Iran, state-owned TASS news agency reported.
"Russia is ready to do everything in its power to ensure that peace in the Middle East is achieved as soon as possible," Putin said during his meeting with Araghchi, which was also attended by Russian Foreign Minister Sergey Lavrov.
Revealing that he received a message from Iranian Supreme Leader Mojtaba Khamenei last week, Putin asked Araghchi to convey his "gratitude for this message and best wishes for his health and well-being."
He praised the Iranian people for fighting "bravely and heroically" for their sovereignty, Iran's state-run PRESS TV reported.
"We really hope that, based on the courage and desire for independence, the Iranian people, under the guidance of the new leader, will weather this difficult period of trials and peace will come,” Putin said.
He also stressed that Russia “intends to maintain” its strategic relations with Iran.
Araghchi said that the world witnessed Iran’s strength in countering the US during the recent war, and that the Islamic Republic is a "stable and powerful establishment."
"With their courage, the Iranian people succeeded in resisting the US aggression and will be able to endure it,” he said.
He said that it became clear that Iran has “great friends and allies” like Russia, and conveyed “warmest greetings” from Supreme Leader Mojtaba Khamenei and President Masoud Pezeshkian to the Russian leader.
Araghchi said relations between Moscow and Tehran represent a “strategic partnership at the highest level” and will continue to develop "regardless of circumstances."
"We are grateful to you for the solid and strong positions in support of the Islamic Republic of Iran," he said.
Foreign Minister Lavrov said that the talks between President Putin and the Iranian Foreign Minister were "useful and constructive."
Kremlin Spokesman Dmitry Peskov later said that Russia is "ready to provide any good offices, any mediation services that are acceptable to the parties."
"We will be ready to do everything so that ultimately peace ensues, guaranteed peace, and that there is no return to hostilities," Peskov was quoted as saying by TASS.
He was asked how Moscow can assist in future negotiations on the Iranian settlement.
Araghchi arrived in Russia after his whirlwind trip to Islamabad, which, according to him, was “very productive” and involved “good consultations" with Pakistan's Army Chief Field Marshal Asim Munir, amid uncertainty over the second round of peace talks to resolve the war in West Asia.
"We held good consultations with our friends in Pakistan. The trip was successful. We assessed the outcome of our recent (meetings) and discussed in what direction and under what conditions talks can move on,” Araghchi said in a video posted on his Telegram channel upon his arrival in St Petersburg.
Referring to the second round of talks between the US and Iran to resolve the conflict in West Asia, Araghchi said: "Developments have taken place in the negotiations."
"Despite some progress in earlier rounds, the talks failed to reach their objectives due to the Americans' approach, the excessive demands they made, and the wrong approaches they adopted. Therefore, it was necessary to consult with our friends in Pakistan to review the latest situation,” Iran's official news agency IRNA quoted him as saying.
He said that the trip to Pakistan was a good opportunity to review developments related to the US-Israeli war against Iran, expressing confidence that “these consultations and coordination between the two countries will be highly significant.”
Araghchi arrived at St. Petersburg's Pulkovo Airport early Monday, where he was welcomed by Russian officials and Iran’s ambassador to Russia, Kazem Jalali, the report said.
The first round of peace talks between Iran and the US, held on April 11 and 12, failed to bring the desired result for the parties to the conflict.
The Iranian minister arrived in Islamabad for the second time on Sunday after a short visit to Oman, where he held talks with Sultan Haitham bin Tariq al-Said on security in the Strait of Hormuz and diplomatic efforts to end the Iran-US conflict.
After Araghchi left Pakistan for Oman on Saturday, President Donald Trump announced that US negotiators Steve Witkoff and Jared Kushner would no longer be going to Islamabad for talks with Iran, contending that Washington held all the cards on the matter.
Trump on Sunday reiterated that the US and Iranian officials can talk by phone for a peace solution to the conflict.
On Tuesday, Trump extended the two-week ceasefire with Iran indefinitely to give Tehran more time to prepare a unified proposal to end the war, just hours before the truce was set to expire.
The war began when the US and Israel jointly attacked Iran on February 28, killing Iranian Supreme Leader Ayatollah Ali Khamenei and several top commanders. The retaliation by the Islamic Republic extended the war to the entire Gulf region.
