Case Against Rahul Gandhi For Allegedly Disclosing Rape Victim Identity In Social Media Withdrawn From Delhi Court

A Delhi Court yesterday disposed of as withdrawn a plea filed by BJP Delhi Media Head and Spokesperson Naveen Kumar Jindal against Congress leader Rahul Gandhi for allegedly disclosing the identity of 9 year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 Metropolitan Magistrate Dharmendra Singh of Rouse Avenue Court took on record the statement made by Jindal that he wishes to withdraw the complaint with liberty to file afresh before the appropriate court.

"In view of the statement, present complaint is disposed of as withdrawn with the liberty to file the same afresh as per rules," the Court ordered.

During the previous hearings, while the Court had sought action taken report from the police in the matter, it was apprised by the Police that a writ petition seeking similar relief is pending in the Delhi High Court. 

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

It was 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 of rape victim," the complaint read.

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

In a similar 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.

In latest development, his account is now restored and notice has been issued to Twitter in the matter. 

Delhi High Court Refuses To Issue Notice To Rahul Gandhi In Plea For Action Over Tweet On Rape Victim Identity

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.

Case Title: Naveen Kumar Jindal v. State

Click Here To Read Order