Delhi Court seeks "Action Taken Report" from Police in plea against Rahul Gandhi for disclosure of 9 year old rape victim's identity

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A Delhi Court on Wednesday has sought Action Taken Report (ATR) from Delhi Police on a complaint filed by BJP  Spokesperson Naveen Kumar Jindal against Ex-Congress President Rahul Gandhi for allegedly disclosing sensitive information about a 9 year old victim who was allegedly gang raped on his Twitter handle @RahulGandhi.

The Additional Chief Metropolitian Magistrate Dharmendra Singh of Rouse Avenue Court directed the Police to file the ATR by September 29.

"This is a complaint u/s 156 (3) Cr.PC. Report be called from SHO concerned for next date of hearing i.e. 29.09.2021."

The present complaint has been filed by the complainant Jindal through Advocate Neeraj where they have sought the court to pass directions on the Police to lodge FIR against Rahul Gandhi -

  • Under sec. 74 of Juvenile Justice Act (Prohibition on disclosure of identity of children),
  • sec. 23 of POCSO Act (Procedure for media) and
  • sec. 228A of IPC (Disclosure of identity of the victim of certain offences etc).

According to the complainant despite filing of complaint, the Police had failed to take any action in the matter.

The complaint stated that, "The accused person shared a picture with the family of a rape victim Ms.XXXXX, a minor child thereby mentioning that they are her parents. The picture 1s clearly visible and on the basis of this picture it is very clear to identify the family and dwelling details of the rape victim which amounts to disclosing the identity ol rape victim.”

It has been averred in the complaint that the identity of rape victims must be protected so that they are not subjected to ridicule, harassment or social ostracisation.

In a recent development, the social media giant Twitter had informed the Delhi High Court that it has taken down the tweet posted by MP Rahul Gandhi, allegedly disclosing sensitive details and publishing photographs of family of the victim. The company had also claimed to have locked Gandhi's account as it violated their policy.

Previously, a petition had been filed in the Delhi High Court 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.

[Case Title: Naveen Kumar Jindal v. State]