The Delhi High Court on Tuesday issued notice to Twitter following a plea seeking directions to the microblogging site and the Delhi Police to take action against Congress leader Rahul Gandhi for allegedly revealing the identity of the relatives of a rape and murder victim in a tweet.
The Bench of Justice DN Patel and Justice Jyoti Singh while issuing the notice to Twitter only made “explicitly clear” that no notice is being issued to other respondents. The court listed the matter for 30 November for further hearing.
Meanwhile, Senior Advocate Sajan Poovayya, who appeared for Twitter informed the Court that Rahul Gandhi’s tweet violated our policy also, we have already removed that tweet and his Twitter account was also blocked.
Twitter submission comes during the hearing of a PIL seeking direction to the National Commission for Protection of Child Rights (NCPCR) and Delhi Police to take necessary legal action against Rahul Gandhi for his Tweet allegedly disclosing identification of Delhi Cantt Rape victim family.
The petition also seeks direction to Delhi Police to register an FIR. against Gandhi under section of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The petitioner Makarand Suresh Mhadlekar claimed to be a social activist has approached Delhi High Court to seek its intervention for appropriate legal action against Gandhi.
Advocates Gautam Jha appeared for the petitioner stated that Rahul Gandhi has violated section 74 of the Juvenile Justice Act, 2015 and section 23(2) of the POCSO Act, 2012, 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 vs Union of India wherein it was held by the 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 in the media.
No picture of such 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, the plea read.
In August, Congress leader Rahul Gandhi had met the family of the minor girl who was allegedly raped, murdered, and cremated without her parents’ consent in Delhi’s Old Nangal crematorium.
Rahul Gandhi also tweeted about his meeting and shared a picture of him with the victim’s parents on Twitter.
(With agency inputs)