A Delhi court has stayed the operation of a magistrate’s order directing the registration of an FIR against political commentator Abhijit Iyer Mitra over a complaint filed by Newslaundry Editorial Director Manisha Pande alleging abusive and derogatory social media posts targeting her and other women journalists associated with the digital news platform.
Additional Sessions Judge Purushottam Pathak of the Saket Courts observed on Tuesday that the social media post forming the basis of the complaint was written in the nature of a shayari and did not specifically name any individual. The court noted that a detailed examination of the language used in the post, its meaning, context and legal implications would require consideration of submissions from both sides before any final conclusion could be reached.
While hearing a revision petition filed by Mitra challenging the magistrate’s direction for registration of an FIR, the Sessions Court held that no prejudice would be caused to the complainant if the operation of the impugned order remained stayed until the revision petition was decided on merits.
The order was passed after the Delhi High Court had earlier set aside a previous stay order granted by the Sessions Court on the ground that reasons had not been recorded for granting interim relief. Following the High Court’s directions, the Sessions Court reconsidered the matter and passed a fresh reasoned order.
While granting interim protection, the Court examined the Action Taken Report submitted by the police and observed that it appeared to support Mitra’s version on certain aspects while remaining inconclusive on others. The Court noted that further assistance from investigating authorities may be required to ascertain the existence of mens rea or criminal intent behind the alleged remarks. According to the Court, such issues could only be properly determined after considering the responses of both parties and hearing detailed arguments in the revision proceedings.
The Court observed that the balance of convenience favoured grant of interim relief and that the revision petitioner should be afforded a fair opportunity to exercise his statutory right of revision. It also found merit in the argument that there was no immediate necessity to register an FIR without first considering the defence and explanation put forward by the accused.
The dispute arose from a complaint filed by Manisha Pande alleging that Mitra made abusive and sexually coloured remarks on social media directed at her and other women employees of Newslaundry. The magistrate’s court had earlier accepted her plea and held that the impugned posts prima facie amounted to sexually coloured remarks and appeared to have been intended to insult the modesty of the complainant. On that basis, the magistrate directed registration of an FIR against Mitra.
The controversy was also linked to parallel civil defamation proceedings pending before the Delhi High Court. In that suit, women journalists associated with Newslaundry have sought a public apology from Mitra along with damages and compensation of Rs 2 crore.
The journalists alleged that a series of posts published by Mitra on the social media platform X were defamatory, malicious and intended to harm their dignity, reputation and professional standing. According to the plaintiffs, Mitra falsely labelled women employees using derogatory expressions and slurs, allegedly referring to them as prostitutes and characterising their workplace as a brothel.
During earlier proceedings in the defamation suit, the Delhi High Court had expressed strong disapproval of the impugned posts. Following those observations, Mitra removed the posts from the social media platform. Subsequently, Mitra approached the High Court seeking rejection of the defamation suit. That application remains pending consideration.
The revision petition challenging the magistrate’s direction for registration of an FIR is also pending before the Sessions Court, which will consider the matter further after receiving the replies of both parties and examining the material placed on record.
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