Journalist vs ACP Vivek Bhagat: The Delhi High Court on Tuesday, October 27 refused to suspend police probe against a woman journalist who was accused of uttering casteist comments against Assistant Commissioner of Police (ACP), Vivek Bhagat, during a protest near the Jantar Mantar here earlier this month. The court also asked Delhi Police to respond to the plea of the journalist who challenged the probe.
While the journalist has alleged sexual harassment and rough handling by the cop while covering detention of a protestor, Bhagat has also accused her and others of uttering casteist slurs and humiliation.
The journalist approached Delhi High Court for relief against the FIR registered by the ACP. But the court refused to suspend the investigation and called for a response by the police.
This means the investigation can go ahead, but it does not mean the allegations against the journalist are not true.
“I am not refusing any prayer. I am just giving them notice. We need to consider this matter. Final hearing will happen on November 16.”
The Delhi High Court earlier on October 16 refused to pass an ex-parte order without hearing the police. The matter was listed on October 27.
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According to the FIR, the journalist had insulted the ACP’s caste and questioned his position while he was doing official work close to the Jantar Mantar.
The FIR states that the journalist humiliated him in public, obstructed the performance of official duties and uttered defamatory statements. It cites several sections under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Bharatiya Nyaya Sanhita (BNS)
The FIR cites several sections under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It also cites Sections 221 (obstruction of public servant from discharging duties), 356(2) (defamation) and 3(5) (common intention) under the Bharatiya Nyaya Sanhita (BNS).
The journalist has challenged the case, saying it was a retaliatory FIR for her complaint.
The incident happened on October 3 during a protest. The journalist alleged that the ACP touched her inappropriately and shoved her while she was documenting police action against a protestor.
She later filed a complaint against the officer and Delhi Police referred it to their Crime Branch for investigation, reported media.
The ACP has denied the allegations. But the issue has highlighted the behaviour of police officials towards journalists.
The Supreme Court on October 15 reportedly told the parties that coercive actions must not be taken against the woman journalist. The court gave the order amidst allegations of harassment and violence against women journalists reporting on protests in Delhi.
The interim relief is a key part of the legal process, but does not mean that either party’s allegations are true.
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