A Delhi court on Monday stayed the operation of a magistrate order, which directed the registration of a First Information Report (FIR) against political commentator Abhijit Iyer-Mitra for allegedly posting abusive and sexually coloured remarks against Newslaundry Editorial Director Manisha Pande and other women journalists on social media.
Additional Sessions Judge Purushottam Pathak of the Saket Courts stayed the impugned order pending further consideration and listed the matter for the next hearing. It further issued notice to the State and the complainants, seeking their response in the matter.
The Sessions Court passed the verdict on a revision petition challenging the April 23 order of the Judicial Magistrate First Class, which directed the registration of an FIR against Iyer-Mitra on a complaint filed by Pande and other women employees of the digital news platform, alleging that the accused had posted content on a social media platform containing abusive and sexually coloured remarks.
The magistrate had prima facie found that the allegations disclosed the commission of cognisable offences under relevant provisions of the Bharatiya Nyaya Sanhita (BNS), including offences relating to outraging the modesty of a woman and use of sexually explicit or derogatory language.
The magistrate had further held that a police investigation was warranted, particularly as the alleged offences were committed in cyberspace, necessitating forensic examination of digital evidence, verification of the user account, and identification of electronic devices used for publishing the content.
Challenging this direction, the accused approached the Sessions Court, invoking revisional jurisdiction, contending that the magistrate’s order suffered from legal infirmities. Upon preliminary consideration, the Sessions Court deemed it appropriate to grant an interim stay, noting that failure to do so could render the revision petition infructuous.
The underlying dispute arose from a series of social media posts allegedly published by the accused, which, according to the complainants, were defamatory, derogatory, and intended to harm their dignity and professional reputation. It was further stated that parallel civil defamation proceedings were pending before the Delhi High Court.
The Court clarified that the interim stay was procedural in nature and did not amount to any adjudication on the merits of the allegations, which remained subject to judicial determination in accordance with law.
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