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This is an archive article published on May 31, 2024
Swati Maliwal ‘assault’ case: Delhi HC shows displeasure with lawyer for PIL on media revealing ‘victim’s identity’
Advocate Sanser Pal Singh wanted action taken against certain media organisations and social media platforms for disclosing the identity of Swati Maliwal in the ‘assault’ case allegedly involving Arvind Kejriwal’s aide Bibhav Kumar
AAP Rajya Sabha MP Swati Maliwal. (Express file photo by Anil Sharma)
The Delhi High Court on Friday expressed its displeasure while hearing a public interest litigation (PIL) seeking action against certain media organisations for disclosing the identity of Swati Maliwal in the ‘assault’ case allegedly involving Chief Minister Arvind Kejriwal’s aide Bibhav Kumar.
The petitioner, advocate Sanser Pal Singh, among various prayers sought a direction to the Centre, Delhi government, Broadcasting Content Complaints Council and other authorities to take action against certain media organisations and social media platforms for disclosing the “victim’s identity” as well as “contents of the FIR” which is “in the nature of a sexual offence”.
The petition claimed that the offence alleged in the case, outraging of the modesty of a woman, “is also a sexual offence and in such case also, name of the victim alongwith the entire facts of the case should not be revealed or published or aired”.
During the hearing, a division bench of acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora orally said to the petitioner’s counsel, “Please understand, here the victim is talking about it; what is your problem? It is very clear that your vision is coloured and blurred. You are not talking about victim shaming. There is a political hue in this perspective. It is very apparent.”
“You are supposed to be a person who is trained in law. You are supposed to see all versions. Victim is not complaining but you are complaining that her name has been disclosed. Victim is talking on every channel about it…We will have to complain to the bar council. You have done this matter for publicity,” the bench added.
As the petitioner’s counsel said that he was “concerned about other victims and not this victim”, the bench questioned why a repeated reference was made to Maliwal’s case.
“The petition is about this case. Without doing proper research this petition has been filed,” the bench said.
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After some arguments, the counsel for the petitioner withdrew the petition. The plea also sought a direction to certain media houses not to further telecast or post the “name of victim along with the contents of the FIR”.
The plea stated that the name of the victim cannot be displayed or circulated in case of sensitive matters, including matters related to Section 354 (outraging modesty of woman) of the Indian Penal Code. It stated that in the present case, the FIR was mentioned in news reports and telecast on news channels along with the name of the alleged victim, which was against the judgment and guidelines of the Delhi High Court.
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