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Synopsis

The National Commission for Protection of Child Rights has submitted before the Delhi High Court that Rahul Gandhi committed an offence by disclosing sensitive information about a rape victim and the Commission would support the petitioner seeking strict action against the Congress leader if notice is issued to it.

 A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad today differed the hearing in the matter as a newly engaged counsel by the petitioner appeared before the bench and requested for an adjournment.

The bench was hearing a petition seeking direction to the National Commission for Protection of Child Rights (NCPCR) and Commissioner of Police Delhi to take appropriate legal action against Congress Ex-President Rahul Gandhi for disclosing sensitive information about a rape victim and her family members by publishing a photograph of her parents on his Twitter handle @RahulGandhi.

Senior Advocate Sajan Poovayya appearing for Twitter submitted that the matter has become infructuous as the tweet has been geo-restricted.

However, Advocate Saumya appearing for the petitioner submitted that the tweet has only been withheld for India and the same is visible outside India.

Advocate Swarupama Chaturvedi appearing for NCPCR submitted that the issue still persists as the tweet is still available. Chaturvedi argued that in case notice is issued to NCPCR they'll file their response stating that the matter is not infructuous.

After hearing the arguments, the bench allowed 2 weeks' time sought by the newly engaged counsel for the petitioner.

It may be noted that earlier, the High Court had issued notice only to Twitter. Thereafter, Twitter in its response submitted that tweet has been removed. Additionally, it was submitted that the parents of a minor Dalit girl, who was allegedly raped and murdered in Delhi’s cantonment area last year, had consented to their photo being shared by Congress leader Rahul Gandhi on the microblogging site.

The plea filed by Makarand Suresh Mhadlekar stated that by his conduct Gandhi violated section 74 of the Juvenile Justice Act, 2015, and section 23(2) of the POCSO Act, 2012 both of which mandate that the identity of a child victim of a crime shall not be disclosed.

The case relates to a nine-year-old Dalit girl who was allegedly gang-raped, murdered and then cremated by her attackers on August 1, 2021, in South West Delhi leading to widespread protests.

The petition filed through Advocates Gautam Jha, Pankaj Kumar, and Shweta Jha submitted that in this regard the law is very well settled in a catena of judgments including in the case of Nipun Saxena v Union of India wherein it was held by the Apex Court that the name, address, school or other particulars which may lead to the identification of the Child in conflict with law/victim cannot be disclosed in the media. No picture of such a child, or any such particular which can directly or indirectly disclose her identity can be published.

The petitioner brought to the Court’s notice that Twitter Inc in face of public criticism had already removed the Tweet by Gandhi as per media reports which corroborated the case of the petitioner about the illegality committed by Gandhi.

Case Title: Makarand Suresh Mhadlekar vs Rahul Gandhi and Ors