Delhi high court refuses to stay probe into two journalists accused of making casteist remarks on ACP Vivek Bhagat

The Delhi high court on Tuesday declined to stay the investigation into two journalists accused of making casteist remarks against Assistant Commissioner of Police (ACP) Vivek Bhagat.

The journalists are also accused of publicly humiliating the police officer and obstructing him from discharging his official duties during a protest in the national capital on October 3.

A bench of Justice Mini Pushkarna observed that the investigation could not be stayed without first examining the status report filed by the Delhi Police, since the matter required consideration.

“Unless and until I have their (Delhi police) status report, the investigation cannot be stayed. Investigation may continue. Let me issue notice. I’m not passing any order except issuing notice. I am not saying anything. I am simply issuing notice,” the court said.

The court, however, issued notice in the petition filed by the two journalists, including a woman who had accused Bhagat of sexual harassment, seeking quashing of the FIR registered by the Delhi Police.

The FIR, a copy of which has been accessed by HT, charges the journalist and two others under sections 221 (obstructing a public servant), 356(2) (defamation), and 3(5) (joint liability) of the Bharatiya Nyaya Sanhita (BNS), alongside provisions under the SC/ST (Prevention of Atrocities) Act.

The court also refused to pass an order restraining the cops from taking coercive action against the male journalist Gajendra Singh.

“I don’t have the powers of the Supreme Court. SC can pass such orders,” the court said.

What defence counsel argued

This was after senior advocate Tanvir Mir, representing the two journalists, urged the court to stay the probe, saying the FIR was a “revengeful” and retaliatory measure to coerce the woman journalist into giving up her complaint at Parliament Street Police Station.

He further submitted that the Supreme Court had earlier this month passed an order restraining the cops from taking coercive action against the woman journalist and thus a similar protection should also be provided to Singh. He said that the two were participating in the investigation.

The Delhi police opposed the request.

The petition contended that the FIR was a “pure misuse of power” by the police and a “counter blast” to the October 3 complaint at Parliament Street Police Station. It further contended that the inordinate delay of 10 days in reporting the alleged incident, juxtaposed against the registration of the impugned FIR within half an hour of the information being supplied and Delhi Police not registering an FIR based on her allegations, raised serious concerns regarding the bona fides of the police.

The controversy

The controversy dates to October 3, when the female journalist said she was taking videos of the detention of an activist, when Bhagat allegedly touched her inappropriately and pushed her.

Bhagat denied the allegations. The police forwarded her complaint to the crime branch for an “impartial inquiry”.