The Supreme Court on Thursday directed that no coercive action be taken against a woman journalist facing allegations of making casteist remarks against Assistant Commissioner of Police (ACP) Vivek Bhagat, after she claimed that the complaint was a counterblast to her allegations of sexual harassment against the same police officer during protests in the Capital.
“There are allegations against certain police officers. We are considering whether there must be an independent committee to probe them,” the court remarked. There are two rights involved – right to free speech and right to practice profession. But we must also keep in mind whether anybody with a mike and mobile can claim to be a journalist. I am not on this lady but there is a version that the video she has produced (alleging harassment) could be AI generated. “No lady should be inappropriately dealt with, including the female police personnel. There are allegations of harassment faced by them. Passing an order of no FIR against lady journalists will be too wide a relief. She suffered injuries and had to be hospitalised.
“There has to be a detailed examination whether freedom of speech and expression right contained in Article 19(1)(a) of the Constitution empowers every citizen to be a journalist. Senior advocate Gaurav Bhatia, appearing in one of the petitions, submitted to the court that on October 12, when Leader of Opposition Rahul Gandhi, along with other Opposition leaders, stormed into the precincts of the Supreme Court with a huge gathering of lawyers, a woman journalist who was three months pregnant was pushed by Gandhi.
Jaising said that since the allegation by the woman journalist was against police personnel, an independent commission should be constituted, comprising predominantly former women judges, Indian Police Service (IPS) officers, eminent citizens and social activists. The court said, “Meanwhile, no coercive action be taken against the journalist,” and further allowed Jaising to submit in a sealed cover her suggestions on persons who could be part of the committee to look into the allegations. The bench said, “Journalists will require an extra category of protection. The court said that there were accredited journalists, persons employed as journalists with news organisations, freelance journalists and influencers. Solicitor general Tushar Mehta, appearing for the police, told the court to await its response before taking any decision on constituting an independent commission. On the allegation made by the woman journalist against the officer, Mehta said, “Difficulty is that in the present era of mobile technology, everybody is a journalist. Mehta said that a blanket order of no coercive action could not be passed. Mehta also said that it was strange that Jaising was not raising the concern of this woman journalist.
The order was passed on a day when the Delhi high court declined to urgently hear the woman journalist’s plea challenging the case against her for allegedly making casteist remarks against ACP Bhagat, publicly humiliating him and obstructing him from discharging his official duties.
