Delhi High Court Rejects Plea To Stop Media From Disclosing Swati Maliwal's Identity In Assault Case, Says She Is Herself Talking To Media

The Delhi High Court on Friday refused to entertain a public interest litigation (PIL) to stop the media from disclosing the name of AAP Rajya Sabha MP Swati Maliwal while reporting the assault case filed by her, along with contents of the FIR.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora rapped the petitioner, lawyer Sanser Pal Singh, for filing the plea, remarking that there is a political colour behind the petition.

The court also said that if Maliwal, the victim, is going to the media channels and talking about the case, what locus does Singh have to file the PIL.

“There is a political hue in this petition. It is very very apparent. You have done this only for publicity,” the bench said.

After court's remarks, Singh withdrew the plea.

An FIR was registered by the Delhi Police on Maliwal's written complaint alleging that Chief Minister Arvind Kejriwal's close aide Bibhav Kumar assaulted her when she went to meet Kejriwal at his residence on May 13. Kumar was arrested on May 18.

Singh was aggrieved by the action of media houses ETV Bharat, Gujarat Samachar and India Today as well as social media platforms Meta, X and WhatsApp. It was his case that the copy of the FIR was being circulated publicly through the news channels, newspapers and social media platforms.

“Disclosing the name alongwith the contents of such FIR certainly lowers down the dignity of a woman. In the present case, this act has been deliberately done by the respondent no. 5 to 10 and did not even care for the law and judgments/guidelines of this Hon'ble Court and the Hon'ble Apex court in this regard,” the plea said.

The PIL also sought direction on the Union Government and Delhi Government as well as the media and social media platforms not to disclose the name, address other identities of the victim in sensitive matters such as rape or molestation etc.

Title: SANSER PAL SINGH v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 661