Have Deleted Tweet Disclosing Identity Of Minor Rape Victim: Rahul Gandhi To Delhi High Court

Congress leader Rahul Gandhi on Wednesday told the Delhi High Court that he has taken down his tweet allegedly disclosing the identity and sensitive details about the minor girl, who was raped and murdered in 2021.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora was also informed by the counsel appearing for X, formerly Twitter, that the tweet in question has been deleted by Gandhi.

A nine-year-old girl was allegedly raped and murdered inside a crematorium in 2021 in the Delhi Cantonment area. Rahul Gandhi had met the minor's family and posted a picture on X.

During the hearing today, the Delhi Police told court that an FIR was registered in September 2021 against Rahul Gandhi for his tweet on the basis of a complaint made by Registrar of NCPCR.

The court was also informed by the Delhi Police that an FIR was initially registered in August 2021 against the accused persons under the relevant offences under Indian Penal Code, 1860, and the POCSO Act, 2015, which is pending trial and charges are yet to be framed in the case.

Accordingly, the bench disposed of a PIL moved by Makarand Suresh Mhadlekar, a social activist, seeking legal action and registration of FIR against Gandhi for allegedly disclosing the identity of the minor victim.

“Keeping in view the aforesaid facts, the prayers mentioned in the writ petition stand satisfied,” the court said while closing the matter.

Last month, the Delhi Police had told court that the minor victim died of electrocution and there is no scientific evidence available to suggest that it was a case of rape and murder.

When the same was being discussed in court today, the Delhi Police strongly opposed it and said that the petitioner had no locus to go into the merits of the case in a PIL.

The plea claimed 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.

It placed 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 stated.

It sought directions on NCPCR to take appropriate legal action against Gandhi. Further, a direction was 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.

Citation: 2024 LiveLaw (Del) 94