Delhi HC declines urgent hearing for journalist in SC/ST Act case

The Delhi High Court has refused to grant an urgent hearing to a woman journalist seeking protection from arrest in a case filed under the SC/ST (Prevention of Atrocities) Act. The court will hear the matter on Friday. The case was filed by an ACP.

The Delhi High Court on Thursday declined to urgently list a plea filed by a woman journalist seeking interim protection from arrest in a case registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on a complaint by Assistant Commissioner of Police (ACP) Vivek Bhagat. The court agreed to hear the matter on Friday.

The plea was mentioned before a division bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma. The counsel appearing for the journalist sought an urgent hearing on Thursday and requested interim protection from arrest. The bench, however, said the matter would be listed for hearing tomorrow.

Background of the Allegations

The case arises from an FIR registered at Parliament Street police station on a complaint by ACP Vivek Bhagat over alleged caste-based humiliation, intimidation and obstruction of official duty during a protest at Buta Singh Roundabout on October 3. According to the FIR, Bhagat, who is posted in the Connaught Place subdivision of the New Delhi district, alleged that a journalist made derogatory remarks referring to his caste identity while he was deployed for law-and-order duty during a protest against the Election Commission of India.

The FIR names Rosy, Gajendra and an unidentified person as accused. In his complaint, Bhagat stated that he belongs to the Scheduled Caste community. He alleged that he and his operator, Constable Ravi Dahiya, heard a journalist refer to his nameplate and caste identity and make derogatory remarks about his caste and appointment as an ACP.

The journalist, meanwhile, has accused Bhagat of sexual harassment in connection with the incident. The FIR invokes Sections 221, 356(2) and 3(5) of the Bharatiya Nyaya Sanhita, along with Sections 3(1)(p), 3(1)(q), 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act. The allegations made by both sides remain subject to investigation and judicial determination.

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