The Delhi High Court on October 27 declined to stay the investigation into a case filed by a police officer against a woman journalist under the SC/ST Act, related to alleged casteist remarks and public humiliation during a protest near Jantar Mantar earlier this month.
The Delhi High Court on Tuesday, October 27, refused to grant a stay on the ongoing investigation against a woman journalist in a case filed under the Scheduled Cast and Scheduled Tribe (Prevention of Atrocities) Act. The case stems from allegations made by a police officer who claimed the journalist made casteist remarks and publicly humiliated him during a protest near Jantar Mantar earlier this month.
The bench, presided over by Justice Mini Pushkarna, declined the journalist’s plea to halt the probe. While refusing the stay, the court clarified that it was not outright rejecting the application, leaving room for further consideration depending on how the investigation unfolds. The decision underscores the judiciary’s cautious approach in cases involving the SC/ST Act, which grants special protections and has strict provisions regarding the initiation and continuation of investigations.
The incident reportedly occurred during a demonstration near Jantar Mantar, a well-known protest site in central Delhi. According to the complainant, a police officer, the journalist made derogatory comments based on caste and subjected him to public embarrassment while covering the event. The officer subsequently filed a complaint, leading to the registration of an FIR under the SC/ST Act.
The journalist, represented by senior counsel, argued that the allegations were politically motivated and aimed at intimidating her while performing her professional duties. Her legal team contended that the protest was a legitimate public expression and that her reporting was fair and in the public interest. However, the court noted that the allegations, if proven, would fall within the scope of the SC/ST Act, which mandates protection against caste-based discrimination and abuse.
Legal experts point out that the SC/ST Act, enacted to prevent atrocities against marginalized communities, includes provisions that make it a non-bailable and cognizable offense. Courts have historically been reluctant to interfere with investigations under this law unless there is clear evidence of misuse. The Delhi High Court’s refusal to stay the probe aligns with this precedent, emphasizing that the investigation must proceed unless compelling reasons are established.
The case has drawn attention from media organizations and civil society groups, many of whom have expressed concern over the potential implications for press freedom. Journalists covering protests and public events often find themselves at the intersection of law enforcement and civic expression, and this case highlights the delicate balance between accountability and the right to report.
As the investigation continues, all eyes will be on how the authorities handle the evidence and whether the charges hold up under scrutiny. The journalist may approach higher courts if the probe leads to formal charges. Meanwhile, the incident serves as a reminder of the legal risks journalists face when covering sensitive public events, particularly those involving caste dynamics and state actors.
The outcome of this case could set a precedent for future disputes involving media personnel and law enforcement under the SC/ST Act. Legal observers suggest that the court’s final stance on the matter will be closely watched by both the press community and civil rights advocates.
Source: Siasat.com
Originally published on KraantiInfo.