Delhi HC Rebukes Advocate for PIL on Reporting of ‘Swati Maliwal Case’

The Delhi High Court admonished an advocate on Friday for filing a PIL aiming to halt the media from disclosing the name of Rajya Sabha MP Swati Maliwal in the assault case purportedly involving Chief Minister Arvind Kejriwal’s close aide Bibhav Kumar.

The high court remarked that the petition seemed to be solely for “publicity” and suggested a “political color” behind it. It noted that when the “victim” (Maliwal) herself is speaking out about the alleged incident, there shouldn’t be an issue with a third-party petitioner.

Court’s Stern Words

“Who are you to intervene when the victim herself is speaking out? The victim is not objecting, but you are. What is the relevance of a third party here? The victim is openly discussing it. It is evident that your perspective is biased and unclear. You are not addressing victim shaming,” observed a bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora.

The court further stated, “If the victim is appearing on television channels and discussing it, why are you filing a public interest litigation,” and added that “there seems to be a political motive behind this PIL.”

The bench cautioned the lawyer that a complaint would be lodged against him with the bar council and noted that the petition lacked adequate research.

“You are doing this solely for publicity. A complaint should be filed with the Bar Council of Delhi. Your actions are unfair,” remarked the bench.

In response, the counsel representing the petitioner requested permission to withdraw the petition.

“After some arguments, the counsel for the petitioner wishes to withdraw the petition. The petition is dismissed as withdrawn,” stated the high court.

Petitioner Advocate’s Argument

Advocate Yogesh Swaroop, representing the petitioner, argued that the name of the victim should not be disclosed or circulated in sensitive matters, including those falling under section 354 (outraging the modesty of a woman) of the IPC. In the present case, the FIR has been featured in news reports broadcasted/published by news channels and reports, along with the victim’s name, which goes against the judgment and guidelines of the Delhi High Court.

The plea sought a directive to certain media houses to refrain from further broadcasting or publishing the victim’s name along with the contents of the FIR.

The petition emphasized that outraging the modesty of a woman is a sexual offense, and in such cases, the victim’s name along with all case details should not be disclosed or published.

Kumar remains in custody in connection with the alleged assault on Maliwal at the CM’s residence earlier this month.

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