Journalist accused of casteist remarks against ACP seeks FIR quashing in Delhi HC, alleges retaliation over sexual assault complaint
A journalist has approached the Delhi High Court to quash an FIR for alleged casteist remarks, claiming it is retaliation for her sexual assault complaint.
In a high-stakes legal battle unfolding in the capital, an independent journalist has approached the Delhi High Court to quash an FIR filed against her for allegedly making casteist remarks against a senior police officer. The petitioner, identified as Rosy, has claimed that the criminal proceedings are nothing more than a retaliatory tactic aimed at silencing her after she accused the officer of sexual assault.
Retaliation Allegations Surface
The legal challenge comes in the wake of a harrowing allegation made by the reporter. According to her petition, Rosy was sexually assaulted by ACP Vivek Bhagat while she was on the ground covering a protest at Buta Singh Chowk on October 3. She maintains that she confronted the officer immediately following the incident and formally lodged a complaint at the Parliament Street police station later that same evening.
While Rosy’s complaint was transferred to the Crime Branch for a detailed inquiry, she alleges that the authorities failed to register an FIR regarding her assault. Instead, she claims that on October 13, the police registered a case against her based on a complaint by the very officer she had accused.
Timeline of the Dispute
The journalist has raised serious questions regarding the timing and sequence of events surrounding the FIR. Her petition highlights several key points:
- October 3: The alleged sexual assault occurs during protest coverage.
- October 8 & 11: Rosy appears before the Crime Branch, answers questions, and identifies the location of the alleged incident.
- October 13 (10:00 PM): ACP Vivek Bhagat lodges a complaint against the journalist.
- October 13 (10:26 PM): An FIR is officially registered against Rosy.
Rosy contends that the swiftness of the FIR against her, occurring just weeks after her own complaint and without any action on her allegations, suggests a coordinated effort to harass and intimidate her.
Claims of Police Pressure and Harassment
The petition goes beyond the courtroom, alleging that the pressure to withdraw her sexual assault complaint has extended to her personal life. Rosy claims that police personnel, both in uniform and in plain clothes, visited her residence and interrogated her neighbours about her whereabouts. She alleges these officers were attempting to pressure her community to persuade her to drop her charges against the ACP.
Furthermore, she has requested the court to preserve critical evidence, including CCTV footage and police body-camera recordings from the vicinity of Buta Singh Chowk, specifically covering the window between 3:00 PM and 3:10 PM on October 3, to substantiate her claims.
Legal Battle Over the SC/ST Act
The FIR against the journalist invokes several sections of the Bharatiya Nyaya Sanhita, 2023, alongside multiple provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, Rosy has denied making any casteist remarks and has challenged the very applicability of the SC/ST Act in this instance.
She notes that she belongs to the Lyngdoh community of the Khasi tribe, which is recognised as a Scheduled Tribe, raising complex legal questions regarding the implementation of the Act in this specific context. Through her petition, she is seeking:
- The quashing of the FIR and all consequential legal proceedings.
- Interim protection from arrest and other coercive actions.
- A stay on any further investigation while the petition is being considered.
The Delhi High Court, presided over by Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma, has declined an urgent same-day hearing but has agreed to take up the matter this Friday. The journalist has expressed her commitment to cooperating with any lawful investigation.