Introduction:

The Delhi High Court recently addressed a controversy involving Congress leader Rahul Gandhi, who had tweeted about the rape and murder of a minor girl in 2021, allegedly disclosing sensitive details about the victim. In response to a PIL filed by social activist Makarand Suresh Mhadlekar, the court learned that Rahul Gandhi had deleted the tweet in question. The petitioner sought legal action against Gandhi for violating laws protecting the identity of minor victims.

Arguments:

Mhadlekar’s PIL contended that Rahul Gandhi’s tweet, featuring a photograph with the victim’s parents, violated the Juvenile Justice Act and the POCSO Act, which prohibit disclosing the identity of minor victims of sexual offenses. The petitioner cited the Supreme Court’s judgment in Nipun Saxena v. Union of India to support the claim that personal information about victims should not be disclosed in the media. The Delhi Police informed the court that an FIR was registered against Gandhi based on a complaint by the Registrar of NCPCR.

Court’s Judgement:

The court, chaired by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, disposed of the PIL after confirming that Rahul Gandhi had taken down the tweet. The court noted that the FIR against Gandhi was registered in September 2021, and charges were yet to be framed in the case. It emphasized that the petitioner had no locus to delve into the merits of the case in a PIL. The court’s decision was based on the satisfaction that the prayers in the writ petition had been addressed.