Friday, April 19, 2024

Delhi High Court apprised of Rahul Gandhi taking down his tweet disclosing identity of minor rape victim

The Delhi High Court was informed by the Counsel for Rahul Gandhi that he has taken down the tweet in which he allegedly disclosed the identity of a minor girl, who was raped and murdered in 2021.

On December 22, the Congress leader Rahul Gandhi apprised the Delhi High Court that he would take down the post from X (formerly Twitter), in which he allegedly disclosed the identity of a minor girl, who was raped and murdered in 2021.

The Division Bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna on Thursday refused to pass a judicial order directing Gandhi to take down the tweet.

As per reports, a nine-year-old girl was allegedly raped and murdered by a priest inside a crematorium at Delhi Cantonment area in 2021

The Congress leader had met the family of the victim and posted a picture on X.

The Division Bench asked Advocate Santosh Kumar Tripathi, appearing for Delhi Police, about the status of prayer regarding registration of FIR against Gandhi.

The counsel said he has already submitted a report regarding details of the investigation, adding that if anything further was required, he would put it up in a sealed cover.

He noted that Delhi Police did not want to scandalise anyone.

Advocate Tripathi further submitted that unless the first part was proved, which was the main crime, subsequent circulation of anything on Twitter was not a crime.

He contended that nothing further survived in the petition and the same was infructuous as all the prayers had been met.

The High Court directed the Delhi Police to file an accurate and elaborate further status report in the matter in a sealed cover, indicating the current status of investigation against Gandhi within four weeks and listed the matter for further hearing on January 24.

A petition was filed in the High Court by social activist Makarand Suresh Mhadlekar, claiming that by posting the photograph with the parents of the child victim, Gandhi had violated the Juvenile Justice (Care and Protection of Children) Act, 2015 and Protection of Children from Sexual Offences Act, 2012, which prohibited the disclosure of identity of minor victims of sexual offences.

The counsel representing Gandhi gave an oral undertaking before the Division Bench, stating that the Congress leader would take down the tweet.

Representing the family of the victim, Advocate Mehmood Pracha, submitted that the details of the case should not be discussed in open court as it will affect the trial.

Senior Advocate Mahesh Jethmalani appearing for the petitioner, told the court that it did not matter whether the crime or allegation is proved or not, action against Gandhi would still arise as the identity of the minor was disclosed in public domain, which is an offence under the POCSO Act.


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