NEW DELHI: The Supreme Court heard several pleas addressing alleged non-compliance with its orders concerning the restriction of metro services, internet suspensions, and widespread detentions during recent protests, and subsequently issued notices in all related matters.
The Court directed that no coercive action shall be taken against the woman journalist whose complaint regarding alleged molestation and harassment, along with related proceedings involving an ACP, was under consideration, noting that she would cooperate with ongoing processes while remaining protected from adverse coercive measures.
The Bench also indicated that certain categories of journalists might require an additional level of protection, and agreed in principle that allegations of sexual violence and harassment against women journalists during the Delhi protests warranted consideration by a committee predominantly or exclusively comprising women.
The Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi heard several pleas arising out of alleged non-compliance with its orders regarding the restriction of metro services, internet suspensions, and widespread detentions during recent protests on Thursday. It issued notices in all the matters related to the recent protests.
Senior Advocates Kapil Sibal, Indira Jaisingh, Menaka Guruswamy, Gopal Sankaranarayanan, Abhishek Manu Singhvi, Hariharan and Arundhati Katju appeared for the Petitioners, while Solicitor General Tushar Mehta appeared for the Union of India
Senior Advocate Indira Jaisingh submitted, “This is a petition which specifically addresses the needs of women journalists during the course of duty employment, when they go on to a protest site that constitute a class by themselves. Because they not only have the right to speech, not only have the right to protest, but also the right to work. They go there to perform their duties in exercise of the right to work.”
“Now, being women, they are particularly vulnerable to sexual abuse, being pushed and pulled around, specially by male police officers. This is not to say that the women police officers did not push them, they did. That would constitute harassment, but when it happens by a male, it constitutes sexual harassment”, she added.
The Court observed that journalists exercise the freedom of expression and the right to carry on a trade or profession simultaneously, making their protection particularly important.
Justice Joymalya Bagchi noted that the Court would need to examine the different levels of protection available to accredited journalists, freelancers, independent journalists, and influencers.
Solicitor General Tushar Mehta argued that identifying journalists had become increasingly difficult in the digital age due to individuals recording videos and uploading reels at protest sites.
CJI Surya Kant expressed that the Court was prima facie agreeable to such a composition and directed Jaising to submit details of affected women journalists and suggested names for the committee in separate sealed envelopes.
She requested a special inquiry committee, different from the committee constituted for police excesses, and that the committee should be in conformity with the Vishakha guidelines and should be headed by a woman chairperson. The composition of this committee was proposed to include retired women judges, members of the civil society, retired police personnel and activists of the civil society or representatives of NGOs.
Additionally, she sought interim protections, praying that no coercive actions or counter-FIRs be instituted against any woman journalist who lodged complaints regarding violence or harassment.
The Court has also directed all law enforcement agencies to preserve CCTV footage and other digital materials related to the protests.
In a special hearing held on Sunday, the Court had issued notice in a contempt plea against Union and Delhi officials for alleged non-compliance with its orders. Previously, it directed the concerned authorities to reconsider the complete prohibition on Metro services and train movements in New Delhi ahead of the October 10 protests.
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