Hyderabad: The Delhi High Court on Tuesday (October 27) issued notice to the Delhi Police on a plea filed by independent journalist Rosy challenging an FIR registered against her under the SC/ST (Prevention of Atrocities) Act over alleged caste-related remarks during a protest. However, the court refused to stay the investigation.
Justice Mini Pushkarna said the court would examine the matter on merits after receiving the police's response. The matter has been listed for final hearing on November 17.
"I will simply issue notice. I will hear it on merits once [police] reply is there. Investigation will continue," the court observed.
Senior Advocate Tanveer Ahmed Mir, representing Rosy, pressed for a strong interim order to stop the investigation. The court, however, declined to grant his request at this stage.
The case stems from a complaint filed by ACP Vivek Bhagat over alleged caste-related remarks during a protest at Buta Singh Chowk on October 3. An FIR was subsequently registered at Parliament Street police station.
Rosy has accused Bhagat of sexually assaulting her during the same incident while she was covering the protest. Challenging the FIR, she has maintained that the case against her was initiated in retaliation for her complaint against the ACP. She has denied making the alleged casteist remarks.
In her petition, Rosy has asked the court to quash the FIR and the proceedings arising from it. She has also sought interim protection from arrest and other coercive action. The male journalist who was accompanying her during the incident has filed a separate plea before the High Court.
Rosy's complaint against Bhagat, lodged on October 3, was transferred to the Crime Branch for inquiry. She has argued that although she cooperated with the inquiry and requested that CCTV footage and police body-camera recordings be preserved, no FIR had been registered on her complaint by the time the case against her was lodged.
The FIR names Sections 221, 356(2) and 3(5) of the Bharatiya Nyaya Sanhita, along with Sections 3(1)(p), 3(1)(q), 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act.
Rosy has disputed the applicability of these provisions, alleging that the proceedings are intended to intimidate her and deter her from pursuing the sexual assault complaint against Bhagat.
The High Court has not yet considered the pleas on merits. The allegations raised by the journalist and those forming the basis of the FIR remain contested.