The Supreme Court on Thursday granted interim protection to an independent journalist booked under the SC/ST Act after she accused a Delhi Police officer of sexually harassing her while she was covering the ongoing protests in the capital.
A bench headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi directed that no coercive action be taken against the journalist for now. The order came as the court heard a batch of petitions related to the protests.
"The journalist whose complaint with respect to the alleged molestation is pending consideration be protected from coercive action," the Chief Justice said, reported Bar and Bench.
Senior advocate Indira Jaising, appearing for the journalist, told the court that her client had approached the police to file a complaint against the officer but no FIR was registered. Instead, she argued, the officer approached the Delhi High Court seeking action against the journalist under the SC/ST (Prevention of Atrocities) Act.
Jaising alleged that the case against her client was retaliatory and urged the court to protect women journalists who had complained of sexual harassment. She termed the use of the law in the case an abuse of the legislation.
The journalist had accused Assistant Commissioner of Police (ACP) Vivek Bhagat of sexually harassing her while she was reporting on the Delhi protests. Her complaint is being investigated by the Delhi Police Crime Branch.
The Supreme Court's order offers temporary protection from coercive action; it does not decide the merits of either the sexual harassment complaint or the allegations against the journalist.
The case against the journalist stems from a complaint filed by Bhagat over an incident at Jantar Mantar on October 3, when he was deployed for law-and-order duty.
According to the FIR, Bhagat alleged that the journalist made derogatory remarks about his Megh/Mehgwal caste in public and questioned his appointment as an ACP. The complaint also accused her and others of publicly humiliating and defaming him.
Delhi Police registered an FIR under provisions of the SC/ST Act and the Bharatiya Nyaya Sanhita, including sections relating to obstructing a public servant, defamation and common intention.
The case has brought two sets of serious allegations into focus: the journalist's complaint of sexual harassment against a serving police officer and the caste-abuse allegations made against her. Both remain matters for investigation and legal proceedings.
