New Delhi, Jul 28 (PTI)The Delhi High Court on Thursday sought a report from the Delhi Police concerning an incident of a woman being assaulted in Shalimar Bagh last year and called it a “sorry state of affairs”.
Justice Jasmeet Singh said that the persons in the CCTV footage are “clearly identifiable” and sought a detailed status report concerning the identification of the culprit and whether any proceedings have been initiated in the matter.
The high court was hearing a plea by BJP MLA Vijender Gupta concerning his allegedly defamatory tweet against Aam Aadmi Party (AAP) in relation to the incident.
Gupta approached the high court against a June 29 trial court order summoning him on the defamation complaint by AAP for his allegedly objectionable tweet which implied that the political party indulges in hooliganism, has committed or is complicit in the assault on the lady, and has “wilfully and intentionally ignored women safety issues”.
The high court issued notice to the State and AAP on the petition and sought their response but refused to stay the trial court proceedings for now.
The petitioner shall be granted exemption from appearance before the trial court through counsel on the next date of hearing, it said.
“In the meantime, Respondent 1 (State) shall file the status report as to the incident at Shalimar Bagh,” the high court ordered.
“(CCTV footage of the incident) shows a sorry state of affairs. The person in the CCTV is clearly identifiable. The state shall file a detailed report regarding the identity of the culprit and whether any proceedings have been initiated and if any arrests have been made,” the high court said.
The high court further stated that if no arrests have been made in connection with the incident, reasons may be given for the same in the report.
Senior advocate Ajay Burman, appearing for the petitioner, argued that the “re-tweet” in question was nothing but constructive criticism and does not amount to an offence, and was made by the petitioner in his capacity as an MLA and a public-spirited person having no malice.
He contended that the summoning order was issued without any application of mind and the trial court proceedings should be stayed.
“There is no reason for staying trial court proceedings as of now. The petitioner shall be granted exemption through counsel in the next date of hearing,” the high court said.
The high court granted two weeks to the additional public prosecutor Amit Sahni and AAP to file their responses to the petition.
The petition, filed by advocate Satya Ranjan Swain, has claimed that the petitioner frequently tweets information and his views on issues of public importance and the complaint by AAP was “frivolous and false”.
It informed that on December 2, 2021, the petitioner came across a news video of certain persons beating up a woman with sticks in a residential colony in the Shalimar Bagh area and he accordingly retweeted the same “expressing his honest and bonafide view and concern on the public issue of women safety and also expressing his discontent on the administrative inaction of the AAP led GNCTD in ensuring women safety or maintaining law and order”.
The petition added that the tweet was made keeping in view certain news reports that stated that there were allegations of the involvement of AAP in the incident.
The matter would be heard next on August 23. PTI ADS RKS RKS
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Source: The Print
