Delhi protest: SC grants interim relief to journalist who accused ACP of sexual harassment

The Supreme Court on Thursday granted interim protection from coercive action to a woman journalist facing a case under the SC/ST (Prevention of Atrocities) Act, filed by Delhi Police ACP Vivek Bhagat after she accused him of sexual harassment during protests in the national capital.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi passed the order while hearing petitions filed by journalist bodies seeking an examination of allegations of sexual violence against women journalists covering the protests against Chief Election Commissioner Gyanesh Kumar.

Supreme Court considers committee to examine allegations

During the hearing, Senior Advocate Indira Jaising sought the formation of a separate committee comprising a retired woman judge and a retired IPS officer to investigate allegations of sexual violence against women journalists covering the protests.

The Chief Justice said the court was prima facie inclined to constitute a committee comprising women judges, social workers and others. He asked Jaising to submit by the end of the day the names of women willing to come forward with their allegations.

Jaising alleged that a woman journalist had been molested, but no FIR had been registered on her complaint. Instead, she said, the police officer had accused the journalist of making casteist remarks.

The CJI said the court was also considering guidelines to protect journalists. “We are prima facie agreeing that your committee will have to be of women judges, social workers, etc. We would like to lay down guidelines”, he said.

ACP accuses journalist of casteist remarks

The case against the journalist stems from allegations that she and her colleagues subjected ACP Bhagat to “public humiliation and casteist slurs” while he was on duty during the protest.

The FIR invokes Sections 221, 356(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), along with provisions of the SC/ST Act.

The controversy relates to an October 3 incident when the journalist allegedly recorded the detention of an activist. She subsequently accused Bhagat of touching her inappropriately and pushing her. No FIR has been registered on her complaint so far.

Solicitor General opposes blanket directions

Solicitor General Tushar Mehta opposed any blanket direction on the treatment of women journalists.

"We will not minimise allegation. But in present era of technology, any person having mobile is a journalist. Several people saying we are freelance journalists. They record and upload. Reel making going on. No lady should be inaptly dealt with. But blanket direction", he said.

Jaising argued that women journalists performing professional duties constituted a class requiring protection against sexual abuse, particularly by male police officers. She also alleged that women police officers had pushed journalists around.

Meanwhile, the Delhi High Court refused to urgently list the journalist's plea seeking interim protection from arrest in the case filed by Bhagat.