The Delhi High Court on Wednesday set aside a sessions court verdict that had stayed criminal proceedings against political commentator Abhijit Iyer-Mitra over allegedly objectionable social media posts targeting Newslaundry Editorial Director Manisha Pande and several other journalists associated with the media organisation.
The single-judge Bench of Justice Girish Kathpalia observed that the stay order passed by the sessions court lacked reasons and therefore could not be sustained. The High Court remanded the matter back to the sessions judge with directions to pass a fresh and detailed order giving specific reasons for the judgment.
The judge further noted that while both parties were aware of the arguments advanced before the sessions court, the High Court was unable to ascertain the reasoning behind the stay order.
The Court directed Iyer-Mitra and the journalists to appear before the sessions court on May 22 and instructed the sessions judge to decide the matter within four weeks.
The dispute arose after Pande and six other journalists approached a Magistrate Court alleging that Iyer-Mitra had repeatedly referred to them using derogatory and sexually coloured remarks in posts and articles published on X, formerly Twitter. According to the complaint, the offensive social media posts included a derogatory, rhyming jibe aimed at Newslaundry that used slurs against its journalists, alongside separate objectionable comments specifically targeting Pande.
On April 23, the magistrate court held that the posts prima facie amounted to sexually coloured remarks intended to insult the complainants. It consequently ordered registration of a criminal case against Iyer-Mitra under Sections 75 (sexual harassment) and 79 (word, gesture or act intended to insult modesty of a woman) of the Bharatiya Nyaya Sanhita.
However, the order was stayed on May 4 by Additional Sessions Judge Purushottam Pathak of the Saket Court after Iyer-Mitra challenged the magistrate’s decision in revision proceedings. The journalists subsequently moved the High Court against the stay order.
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