New Delhi: The Delhi High Court on Tuesday issued notice to Twitter on a plea seeking directions to the social media platform and Delhi Police to take action against Congress leader Rahul Gandhi for allegedly revealing the identity of the relatives of a rape and murder victim in Delhi in a tweet.
The Bench of Justice DN Patel and Justice Jyoti Singh while issuing the notice to Twitter only made "explicitly clear" that no notice is being issued to other respondents. The court listed the matter for November 30, 2021, for further hearing.
Meanwhile, Senior Advocate Sajan Poovayya, who appeared for Twitter informed the Court that Rahul Gandhi's tweet violated the platform's policy also, it has been removed that tweet and his Twitter account was blocked but later reinstated.
Twitter submission come during the hearing of a PIL seeking direction to the National Commission for Protection of Child Rights (NCPCR) and Delhi Police to take necessary legal action against Rahul Gandhi for his Tweet allegedly disclosing identification of Delhi Cantt Rape victim family.
A plea was moved in Delhi High Court seeks direction to NCPCR to take necessary legal action against Rahul Gandhi for his Tweet allegedly disclosing identification of Delhi Cantt Rape victim family.
The petition also seeks direction to Delhi Police to register an F.I.R. against Gandhi under section of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The petitioner Makarand Suresh Mhadlekar claimed to be a social activist has approached Delhi High Court to seek its intervention for appropriate legal action against Gandhi for allegedly disclosing sensitive information about a rape victim and her family members by publishing a photograph of her parents on his Twitter handle.
Advocates Gautam Jha appeared for the petitioner stated that Rahul 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 law in this regard is very well-settled in a catena of judgments including in the case of Nipun Saxena vs Union Of India wherein it was held by the Supreme Court of India, 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. A child who is not in conflict with the law but is a victim of an offence especially a sexual offence needs this protection, even more, the plea read.
The case and the tweet
On August 1, a nine-year-old girl was allegedly raped and killed by a priest and three employees of a crematorium near Delhi Cantonment in southwest Delhi, the police had said. Delhi Police registered a case against four accused on the basis of the statement of the minor's mother who alleged that her daughter was raped, murdered, and cremated without their consent on Sunday.
In August, Congress leader Rahul Gandhi had met the family of the minor girl who was allegedly raped, murdered, and cremated without her parents' consent in Delhi's Old Nangal crematorium. After meeting with the family, he assured his support to the family. Rahul Gandhi also tweeted about his meeting and shared a picture of him with the victim's parents on Twitter.
The accused persons have been booked under Sections 302, 376, and 506 of the Indian Penal Code, along with the relevant sections of the Protection of Children from Sexual Offences (POCSO) Act and the SC/ST Act.
The cremation of the remaining human tissue and feet of the nine-year-old who was allegedly raped and murdered in southwest Delhi's Old Nangal area, was conducted on Wednesday by her parents, police said.
