High Court Seeks Delhi Police’s Response On Plea Against Rahul Gandhi For Disclosing Identity Of Minor Rape Victim

The Delhi High Court on Thursday directed the Delhi Police to file a status report in a petition seeking registration of FIR against Congress leader Rahul Gandhi for allegedly disclosing the identity and sensitive details about a minor girl, who was raped and murdered in 2021, and her family on a social media post.

A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna directed the police to file its response within 10 days and listed the matter for hearing on December 21.

The counsel appearing for National Commission for Protection of Child Rights (NCPCR) told court that no action has been taken against Gandhi for the incident that happened in 2021 and that FIR must be registered against the Congress leader.

NCPCR had earlier informed court that X's decision to not remove Congress leader Rahul Gandhi's tweet showing him meeting with parents of the minor girl contributes to disclosing her identity.

It had said that though X has withheld the post in India on receiving a notice sent by it, the social media platform failed to remove the tweet altogether which is still available for the public to be seen outside India.

A nine-year-old Dalit girl was allegedly raped and murdered by a priest inside a crematorium in 2021 in the Delhi Cantonment area.

The plea was moved by Makarand Suresh Mhadlekar, a social activist, claiming that by posting the photograph with the parents of the child victim, Gandhi violated the Juvenile Justice (Care and Protection of Children) Act, 2015 and Protection of Children from Sexual Offences Act, 2012, which prohibit the disclosure of identity of minor victims of sexual offences.

The plea places reliance on the judgment of Nipun Saxena v. Union of India wherein the Supreme Court held that personal information and particulars of a victim or child in conflict with law cannot be disclosed in media.

"It is submitted that Rape, particularly that of a minor girl, is one of the grossest crimes committed against children. Disclosure of such crimes to the outside world only adds to the agony of the family of the victim and the victim herself. By doing so the Respondent No.1 has put the lives of the victim's family members at high risk," the plea states.

It seeks directions on NCPCR to take appropriate legal action against Gandhi. Further, a direction is also sought on the Delhi Police to register an FIR against him under relevant provisions of POCSO Act.

Case Title: Makarand Suresh Mhadlekar v. Rahul Gandhi & Ors.