Abhijit Iyer-Mitra gets relief; court stays FIR on social media posts

A Delhi Sessions Court has stayed an order directing an FIR against Abhijit Iyer-Mitra for social media posts targeting journalists. The interim relief was granted on a revision petition and will continue until the next hearing on May 28.

A Sessions Court at Saket in Delhi on Monday stayed an earlier order directing registration of a First Information Report (FIR) against Abhijit Iyer-Mitra over alleged objectionable social media posts targeting journalists, including Manisha Pande.

The interim relief was granted by Additional Sessions Judge Purushottam Pathak after Iyer-Mitra filed a revision petition challenging the Magistrate's order. The Court clarified that the stay on the April 22 direction will continue till the next date of hearing on May 28.

Arguments for the Defence

During the hearing, Senior Advocate Percival Billimoria, along with Advocate Jai Anant Dehadrai, appeared for Iyer-Mitra and argued that the dispute had a prior background involving the accused and Newslaundry. It was contended that the social media comments in question were made in response to content published by Newslaundry, which, according to the defence, included material allegedly defending child rape.

The defence also placed before the Court certain cartoons allegedly published by Newslaundry, including depictions of Prime Minister Narendra Modi and author-scientist Anand Ranganathan, claiming that the platform itself had used sexually coloured content. It was argued that there was a double standard in how such content was treated. "They have one set of rules for themselves and another for others. They use the filthiest sexually coloured commentary," counsel submitted.

Opposition's Arguments

The plea for interim relief was opposed by Advocate Bani Dikshit, appearing for the journalists. She argued that the revision petition had been filed with delay, nearly 10 days after the Magistrate's order, and at a stage when the matter was listed for compliance. It was further contended that the defence was misleading the Court and that observations had previously been made by the Delhi High Court in relation to registration of an FIR.

Court's Observation and Order

After hearing both sides, the Sessions Court observed that if the impugned order was not stayed, the revision petition itself could become infructuous. Accordingly, it granted an interim stay and issued notice to the Delhi Police as well as the complainant journalists.

The earlier direction had been passed by Judicial Magistrate First Class Bhanu Pratap Singh, who had ordered registration of an FIR under Sections 75(3) and 79 of the Bharatiya Nyaya Sanhita (BNS) on a complaint filed under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by Pande on behalf of six journalists. With the stay now in force, the direction to register an FIR remains on hold pending further consideration of the revision petition. (ANI)

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