Delhi HC declines to stay probe into FIR into ‘casteist remarks’ against ACP

New DelhiThe Delhi High Court on Friday declined to immediately restrain the Delhi Police from passing an order in connection with its investigation into a case against two journalists accused of making casteist remarks against assistant commissioner of police (ACP) Vivek Bhagat

New Delhi

The court was hearing a petition filed by two journalists, including a woman who had accused Bhagat of sexual harassment, seeking quashing of the FIR registered by the Delhi Police. (Representative photo)

The Delhi High Court on Friday declined to immediately restrain the Delhi Police from passing an order in connection with its investigation into a case against two journalists accused of making casteist remarks against assistant commissioner of police (ACP) Vivek Bhagat.

Besides accusations of casteist remarks, the duo was also accused of publicly humiliating him and obstructing him from discharging his official duties during a protest in the national capital on October 3.

“We’ll have it immediately on the reopening..I cannot pass any such orders,” a bench of justice Mini Pushkarna said.

The court was hearing a petition filed by two journalists, including a woman who had accused Bhagat of sexual harassment, seeking quashing of the FIR registered by the Delhi Police.

The FIR, a copy of which has been accessed by HT, charges the journalist and two others under sections 221 (obstructing public servant), 356(2) (defamation), and 3(5) (joint liability) of the Bharatiya Nyaya Sanhita (BNS), alongside provisions under the SC/ST (Prevention of Atrocities) Act.

This was after the journalists’ lawyer urged the court to pass orders asking the Delhi Police to not pass any orders with regards to the FIR. He said that the Supreme Court had yesterday had directed that no coercive action be taken against the woman.

The petition contended that the FIR was a “pure misuse of power” by the police and a “counter blast” to the October 3 complaint at Parliament Street Police Station.

“The said allegations are baseless, devoid of merit and actuated by mala fides, being a clear counterblast to the complaint of sexual assault lodged by the Petitioner against the Respondent No. 2, so as to dissuade, extort, humiliate and intimidate the petitioner,” the petition read.

Further, it contended that the inordinate delay of 10 days in reporting the alleged incident, juxtaposed against the registration of the impugned FIR within half an hour of the information being supplied and Delhi Police not registering an FIR based on her allegations, raised serious concerns regarding the bona fides of the police.

The controversy dates to October 3, when the female journalist said she was taking videos of the detention of an activist, when Bhagat allegedly touched her inappropriately and pushed her.

Bhagat denied the allegations. The police forwarded her complaint to the crime branch for an “impartial inquiry”.