Delhi Court Seeks ATR On BJP Spokesperson's Plea Against Rahul Gandhi For Allegedly Disclosing Identity Of Delhi Cantt Rape Victim On Twitter

A Delhi Court has sought action taken report from Delhi Police on a complaint filed by BJP Delhi Media Head and Spokesperson Naveen Kumar Jindal against Congress Leader Rahul Gandhi for allegedly disclosing the identity of 9 year old minor victim who was allegedly gang-raped and murdered in Delhi Cantt area.

Additional Chief Metropolitian Magistrate Dharmendra Singh of Rouse Avenue Court directed the Police to file the said report by September 29.

"This is a complaint u/s 156 (3) Cr.PC. Report be called from SHO concerned for next date of hearing i.e. 29.09.2021," the Court said.

The complaint filed through Advocate Neeraj seeks directions on the Police to lodge FIR against Rahul Gandhi under sec. 74 of Juvenile Justice Act (Prohibition on disclosure of identity of children), sec. 23 of POCSO Act (Procedure for media) and sec. 228A of IPC (Disclosure of identity of the victim of certain offences etc).

It is thus the case of Jindal that despite his filing of complaint, the Police had failed to take any action in the matter.

"The accused person shared a picture with the family of a rape victim Ms.XXXXX, a minor child thereby mentioning that they are her parents. The picture 1s clearly visible and on the basis of this picture it is very clear to identify the family and dwelling details of the rape victim which amounts to disclosing the identity ol rape victim," the complaint reads.

Relying on necessary provisions and judgments, it has been averred that the identity of rape victims must be protected so that they are not subjected to ridicule, harassment or social ostracisation.

The court will now hear the matter on September 29.

In a recent development, the social media giant Twitter had informed the Delhi High Court that it has taken down the tweet posted by MP Rahul Gandhi, allegedly disclosing sensitive details and publishing photographs of family of the victim. The company also claimed to have locked Gandhi's account as it violated their policy.

The High Court was dealing with a petition seeking directions on the National Commission for Protection of Child Rights (NCPCR) to take appropriate legal action against Gandhi with a further direction to register an FIR against him under relevant provisions of the POCSO Act.

Title: Naveen Kumar Jindal v. State