October 5, 2021 6:21:01 pm
The Delhi High Court Tuesday issued a notice to Twitter and sought its reply in a petition seeking registration of an FIR against senior Congress leader Rahul Gandhi for tweeting a photograph of parents of the nine-year-old Dalit girl who was allegedly raped and killed at a crematorium in Southwest Delhi on August 1.
The division bench of Chief Justice D.N Patel and Justice Jyoti Singh said that it was making it “explicitly clear” that no notice was being issued to Rahul and others. It listed the case for further hearing on November 30.
Twitter earlier told the court that Rahul’s account was temporarily suspended because of the tweet. “That particular tweet was removed and his account was restored,” it told the court.
The petitioner Makarand Suresh Mhadlekar, a social activist, has argued that Rahul violated Section 74 of the Juvenile Justice Act, 2015 and Section 23(2) of the POCSO Act, “both of which mandate that the identity of a child victim of a crime shall not be disclosed”.
“The law in this regard is very well-settled in a catena of judgments including in the case of Nipun Saxena v Union of India wherein it was held by the Hon’ble Supreme Court of India, that the name, address, school or other particulars which may lead to the identification of the child in conflict with law/victim cannot be disclosed to the media. No picture of such a child, or any such particular which can directly or indirectly disclose her identity, can be published. A child who is not in conflict with the law but is a victim of an offence especially a sexual offence needs this protection even more,” contends the plea.
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