The Delhi High Court in the case Makarand Suresh Mhadlekar v. Rahul Gandhi & Ors observed wherein it has been informed by the Congress leader Rahul Gandhi that he will take down his tweet allegedly disclosing the identity and sensitive details about a minor girl, who was raped and murdered in 2021, and her family on social media.
The Division bench comprising of Acting Chief Justice Manmohan and Justice Mini Pushkarna in the case stated that it does not want to pass a judicial order directing Gandhi to take down the tweet.
In the present case, the nine-year-old girl was allegedly raped and murdered by a priest inside a crematorium in 2021 in the Delhi Cantonment area.
Congress leader Rahul Gandhi met the minor’s family and posted a picture on X, formerly Twitter.
The court in the case was dealing with the petition moved by Makarand Suresh Mhadlekar, a social activist, claiming that by posting the photograph with the parents of the child victim, Gandhi violated the Juvenile Justice (Care and Protection of Children) Act, 2015 and Protection of Children from Sexual Offences Act, 2012, which prohibited the disclosure of identity of minor victims of sexual offences.
The counsel, Santosh Kumar Tripathi appearing for the Delhi Police, informed the court that nothing further survived in the petition and the same was infructuous as all the prayers had been met.
Further, he informed the court that the investigation qua Rahul Gandhi in the matter is under progress and that there was a lot of complexity involved in the matter.
It has further been informed by the bench that the minor victim died of electrocution and there is no scientific evidence available to suggest that it was a case of rape and murder.
The court asked the counsel appearing for the Delhi Police about the status of prayer regarding registration of FIR against Rahul Gandhi, thus, the court was informed that further details in the matter will be filed in a sealed cover as the police’s intention is ‘not to scandalize the position of anyone.’
It has also been informed by him that my report is already on record. Details of the investigation are mentioned. Thus, if anything further is required, I will put it up in a sealed cover. Unless the first part is proved, which is the main crime, subsequent circulation of anything on Twitter is not a crime.
The counsel, Advocate Mehmood Pracha, appearing for victim’s family, submitted before the court that the details of the case should not be discussed in open court as it will affect the trial.
The counsel, Senior Advocate Mahesh Jethmalani appearing for the petitioner told the court that it does not matter whether the crime or allegation is proved or not, action against Gandhi would still arise as the identity of the minor was disclosed in public domain, which is an offence under the POCSO Act. It has also been directed by the court that the Delhi Police for filing an accurate and elaborate further status report in the matter, in a sealed cover, which indicating the current status of investigation qua Rahul Gandhi within four weeks.
The court also referred to the case Nipun Saxena v. Union of India, wherein the Supreme Court held that personal information and particulars of a victim or child in conflict with law cannot be disclosed in media. The court seeks directions on NCPCR to take appropriate legal action against Gandhi. Further, a direction is also sought on the Delhi Police to register an FIR against him under relevant provisions of POCSO Act.
Accordingly, the court listed the matter for further consideration January 24 2024.