Delhi High Court Sets Aside Stay On FIR Against Abhijit Iyer Mitra For Posts Against Manisha Pande; Directs Fresh Hearing

The Delhi High Court on Wednesday set aside a sessions court order staying a magisterial order directing registration of FIR against commentator Abhijit Iyer Mitra on a complaint case filed by digital news platform Newslaundry's Editorial Director Manisha Pande, accusing him of abusing her and other women employees on social media.

Justice Girish Kathpalia has remanded the matter back to the sessions court for fresh consideration and for passing a reasoned order.

This, after High Court was of the view that the sessions court order did not contain any reasons for staying the trial court's direction to register FIR against Mitra.

For context, the trial court had ruled in favour of Pande who had sought registration of FIR against Mitra.

The court had said that Mitra's tweets qualify as  “sexually coloured remarks" and were "prime facie" intended to insult the modesty of the complainant, who had been named in one of the tweets.

Later, Mitra appealed the trial court order before sessions court which stayed the said order in a preliminary hearing.

Today, Pande's challenge to the stay came before the High Court. The journalist was represented by Senior Advocate Nandita Rao, along with Advocate Bani Dixit.

One of the major grievances of Pande was that the sessions court passed the order of stay without any reasons.

The Court recorded that senior counsel appearing for Mitra, in all fairness, did not dispute that the sessions court order cannot be sustained for not being a reasoned order.

The Court thus clarified that on merits of the impugned order, neither side addressed today.

Accordingly, with consent of both sides, the Court disposed of Pande's petition by setting aside the sessions court order of stay.

The Court remanded the matter back to the sessions court with directions to pass a reasoned order after hearing both the sides.

The Court has asked the sessions court to dispose of Mitra's stay application as expeditiously as possible, provided neither side takes any adjournment.

The parties have been directed to appear before the sessions court on May 22.

Title: Manisha Pande v. Abhijit Iyer Mitra & Anr