The Supreme Court has taken a very strict stand in the matter of harassing a 14-year-old minor girl and her family in connection with the ‘Cockroach Janata Party’ (CJP) student protest at Delhi’s Jantar Mantar and registering a counter FIR against the minor. The bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana, while hearing the case, bluntly said that violence against a child and attempts to intimidate him cannot be taken lightly. The apex court has sought an immediate status report from the Uttar Pradesh and Delhi administrations on the status of the FIR, security arrangements for the girl and her family and the action taken against the attackers.
During the hearing, Chief Justice Surya Kant made very strong remarks and said:
“Such cases cannot be taken lightly. If there is a case of violence against a child, no one should be protected. If those accused of such acts are roaming freely and threatening the child or his family so that they do not take legal action, then it is a very serious matter.”
The bench emphasized that the victim is a minor child, hence ensuring complete safety of her and her family should be the first priority of the administration.
As per the background of the case, social media influencer Swatantra Bhardwaj had released a video openly claiming that he had beheaded the father of the minor girl during the protest and cited his political influence. After huge protest and demonstration at Sansad Marg police station, the police registered a case against the accused under sections of POCSO Act, Stalking, SC/ST Act and criminal intimidation and sent him to judicial custody.
However, the counsel for the petitioner in the Supreme Court informed the bench that the other attackers along with the main accused are still roaming freely. The lawyer alleged that:
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Instead of taking strict action against the real accused, on the contrary, a counter FIR has been registered against the 14 year old minor girl.
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Stone pelting was done at the girl’s house and the family is being threatened to withdraw the legal action, of which there is ample video evidence.
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The move is also in violation of the Supreme Court’s earlier order not to take coercive action against students.
After hearing the arguments of the petitioner side, the bench asked Solicitor General Tushar Mehta, appearing on behalf of the Center and the investigating agencies, to review the entire matter himself and no negligence should be taken in the safety of the girl.
Solicitor General Tushar Mehta assured the court that he will thoroughly investigate the entire matter and whatever legal and protective steps are necessary based on the facts, will be taken immediately. The court clarified that it will issue necessary strict directions in this matter after receiving reports from both the states (Delhi and UP).