The Delhi High Court on Tuesday refused to stay the investigation into an FIR against a woman YouTuber accused of making alleged casteist remarks against an assistant commissioner of police during a protest near Jantar Mantar earlier this month. The court issued notices to the Delhi Police and the officer, and directed them to file their replies before November 16.
Justice Mini Pushkarna said the court could not stay the investigation without first hearing the police’s position. “I am simply issuing notice on the petition and the interim application. Unless and until I have their stand, I can’t stay the investigation. I will hear it on merits once I have their reply. The investigation will continue,” the judge said.
The court clarified that it was not rejecting the woman’s petition at this stage. “I am not rejecting any prayer as of now. I am only issuing a notice to them. The matter needs consideration. List for final hearing on Nov 16,” Justice Pushkarna said.
The woman has sought the quashing of the FIR. Her counsel argued that the case was registered by the police officer to intimidate her into not pursuing a separate complaint alleging sexual harassment against him. The woman’s counsel also submitted that she belongs to the Scheduled Tribe community of Nagaland.
Her sexual assault complaint against the ACP is being investigated by the crime branch. The proceedings before the high court concern the FIR filed on the basis of the officer’s allegations during the protest and the woman’s request for relief in that case.
According to the FIR, the officer was on duty near the Buta Singh roundabout at Jantar Mantar on October 3 when he allegedly heard the woman making derogatory remarks about his caste and questioning his appointment. The complaint states that he initially ignored the remarks and continued with his official duties.
The officer further alleged that at about 3pm, the woman accused him of sexual assault while protesters were being handled and detained. According to the FIR, she repeatedly confronted him along with colleagues, obstructing the officer’s official work.
The police opposed the request for an interim stay on the investigation. After the high court declined to stay the proceedings in the case registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the woman’s counsel referred to interim protection from coercive action granted to her by the Supreme Court and sought similar relief for a male colleague involved in the matter.
The high court also issued a similar order on the male colleague’s petition seeking the quashing of the FIR. The court did not stay the investigation in that matter either. The Delhi Police and the assistant commissioner are now required to respond before the next hearing on November 16.
