A Delhi court has stayed a magistrate order directing registration of an FIR against political commentator Abhijit Iyer Mitra, saying that the alleged derogatory remarks against women journalists associated with news portal Newslaundry were made in the form of “shayari”.
Additional Sessions Judge Rushabh Pathak was hearing a revision petition filed by Mitra and allowed his plea seeking stay on the April 22 magistrate order.
In an order dated June 9, the court said, “The alleged derogatory words are in the form of shayari but no individual has been specifically named therein and the meticulous interpretation of the words and sentences used can only be done after hearing both the parties on merits on the revision petition.”
The revision petition challenged the magistrate court’s direction to the Station House Officer (SHO) of Malviya Nagar police station to register an FIR on a complaint filed by journalist Manisha Pande and others.
The magistrate had said a police investigation was required to verify the user account from which the tweets were allegedly published.
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The judge observed that no prejudice would be caused to the complainants if the operation of the magistrate’s order was stayed till final disposal of the revision petition.
The court said the action taken report filed by police appeared inconclusive and assistance of the police officials would be required to ascertain the “mens rea or motive”, which could only be determined after hearing both parties.
The sessions court also noted Mitra’s argument that there was no “exigency” for registration of an FIR without hearing his defence.
During the proceedings before the sessions court, counsel for the complainants had opposed the stay plea and argued that Mitra’s posts contained “vilification, derogatory shayari and explicitly sexually coloured remarks” targeting the women journalists and amounted to an attack on their dignity and integrity.
(With agency inputs)
