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Disclosing minor rape sufferer’s identification: HC asks youngster rights panel’s to answer plea in opposition to Rahul

4 min read

By PTI

NEW DELHI:  The Delhi High Court Friday sought the nationwide youngster rights panel’s response to a plea in search of the registration of an FIR in opposition to Congress chief Rahul Gandhi for allegedly revealing a Dalit woman’s identification, who was raped and killed in 2021, by posting on Twitter a photograph along with her mother and father.

A bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta issued discover to National Commission for Protection of Child Rights (NCOCR) and granted it 4 weeks to file a counter-affidavit in response to the petition.

The court docket listed the matter for additional listening to on July 27.

At the outset, the counsel for NCPCR submitted {that a} formal discover has not been issued to them and urged the court docket to situation a discover to the kid rights physique on the petition to allow it to file an affidavit.

NCPCR had earlier advised the court docket that regardless of Twitter’s declare about taking down Gandhi’s alleged tweet, the offence of constructing such disclosure survives.

Makarand Suresh Mhadlekar, a social activist, moved the excessive court docket in 2021 claiming that by posting the picture with the mother and father of the kid sufferer, Gandhi violated the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Protection of Children from Sexual Offences Act, 2012, which prohibit the disclosure of the identification of minor victims of sexual offences.

Twitter had submitted that “nothing survived” within the petition because the tweet in query has been “geo-blocked” and was not accessible in India.

Its counsel had additionally knowledgeable that originally Gandhi’s total account was suspended by the social media platform however it was later restored.

A nine-year-old Dalit woman died below suspicious circumstances on August 1, 2021, along with her mother and father alleging that she was raped, murdered and cremated by a crematorium’s priest in southwest Delhi’s Old Nangal village.

On October 5, 2021, a bench headed by then Chief Justice DN Patel issued discover to Twitter on the petition which alleged that Gandhi was “attempting to take political mileage out of the unfortunate incident”.

The court docket had then refused to situation discover to Gandhi, the Delhi Police and NCPCR on the general public curiosity litigation (PIL) at that stage.

The plea has additionally sought initiation of acceptable authorized motion in opposition to Gandhi by NCPCR.

NEW DELHI:  The Delhi High Court Friday sought the nationwide youngster rights panel’s response to a plea in search of the registration of an FIR in opposition to Congress chief Rahul Gandhi for allegedly revealing a Dalit woman’s identification, who was raped and killed in 2021, by posting on Twitter a photograph along with her mother and father.

A bench of Chief Justice Satish Chandra Sharma and Justice Sachin Datta issued discover to National Commission for Protection of Child Rights (NCOCR) and granted it 4 weeks to file a counter-affidavit in response to the petition.

The court docket listed the matter for additional listening to on July 27.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );

At the outset, the counsel for NCPCR submitted {that a} formal discover has not been issued to them and urged the court docket to situation a discover to the kid rights physique on the petition to allow it to file an affidavit.

NCPCR had earlier advised the court docket that regardless of Twitter’s declare about taking down Gandhi’s alleged tweet, the offence of constructing such disclosure survives.

Makarand Suresh Mhadlekar, a social activist, moved the excessive court docket in 2021 claiming that by posting the picture with the mother and father of the kid sufferer, Gandhi violated the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Protection of Children from Sexual Offences Act, 2012, which prohibit the disclosure of the identification of minor victims of sexual offences.

Twitter had submitted that “nothing survived” within the petition because the tweet in query has been “geo-blocked” and was not accessible in India.

Its counsel had additionally knowledgeable that originally Gandhi’s total account was suspended by the social media platform however it was later restored.

A nine-year-old Dalit woman died below suspicious circumstances on August 1, 2021, along with her mother and father alleging that she was raped, murdered and cremated by a crematorium’s priest in southwest Delhi’s Old Nangal village.

On October 5, 2021, a bench headed by then Chief Justice DN Patel issued discover to Twitter on the petition which alleged that Gandhi was “attempting to take political mileage out of the unfortunate incident”.

The court docket had then refused to situation discover to Gandhi, the Delhi Police and NCPCR on the general public curiosity litigation (PIL) at that stage.

The plea has additionally sought initiation of acceptable authorized motion in opposition to Gandhi by NCPCR.