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The Delhi High Court today deferred hearing in plea 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.

The Division bench of Chief Justice DN Patel and Justice Jyoti Singh has posted the matter for next hearing on September 27.

The plea filed by Makarand Suresh Mhadlekar states that by his conduct Gandhi has 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.

Advocate Gautma Jha appearing for the petitioner submitted "This matter arises from an extremely unfortunate incident. Mr. Rahul Gandhi has shared pics of Parents of Minor on his Twittet Handle - this has disclosed identity of minor. This is also in violation of detailed guidelines laid down in Nipun Saxena Judgment."

Twitter’s counsel Senior Advocate Poovayya informed the Court that the tweet has been removed. Poovayya further informed the Court that the account has been locked.

However, the counsels appearing for the Petitioner objected that the contents remained circulated by INC and Sympathizers.

The Next date of hearing is on 27th September, 2021, and the Petitioner and Respondents were directed to submit a copy of argument on 27.09.2021, when matter will be heard on merit.

Advocate Swarupama Chaturvedi appeared for NCPCR.

The petition filed through Advocates Gautam Jha, Pankaj Kumar and Shweta Jha submits that in this regard the law is very well settled in a catena of judgements 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 child, or any such particular which can directly or indirectly disclose her identity can be published.

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

 

 

Case Title: Makarand Suresh Mhadlekar vs Rahul Gandhi and Ors