Supreme Court Issues Notice On Pregnant Journalist's Plea Seeking FIR Against Rahul Gandhi Over Alleged Assault In SC March

The 3-month pregnant journalist who was allegedly pushed by Leader of Opposition Rahul Gandhi during the gathering in the Supreme Court on October 12, when Gandhi came to file the INDIA bloc's writ petition against SIR, has moved the Supreme Court seeking impleadment in a case related to political demonstrations within Court premises.

The applicant alleges that Gandhi pushed her during the Opposition leaders' march to the Supreme Court on October 12, at which time she was 11 weeks and 3 days pregnant.

“Respondent No.4 suddenly pushed her towards the gate, with such force that she lost her balance and fell, and had to break the fall with her hands. The push was delivered openly, in a crowded place, in the presence of security personnel, journalists and other persons, despite her express pleas, and was not a mere jostle of the crowd”, the application states.

Senior Advocate Gaurav Bhatia orally mentioned the application before Chief Justice of India Surya Kant today, following which the bench ordered notice to the respondents.

It is alleged that in the fall, the applicant's phone was shattered and the receiver of the microphone clipped to her collar was dislodged. The incident was recorded by the applicant's cameraperson, and her voice can be heard on the recording made by her microphone.

The applicant avers that after the fall, she developed pain in the lower abdomen and was taken to the Casualty ward of Sir Ganga Ram Hospital at around 9 pm. From there, she was discharged with medication, advice for further scans and screening, and instructions to report immediately in case of pain, bleeding or leaking.

“The fall, the fear for her unborn child, and the humiliation of being pushed to the ground in public at the gate of the highest court of the land have caused the Applicant grave physical and mental trauma.”

The applicant contends that she repeatedly pleaded “Sir, I am being pushed” and “Please don't push, sir” but her “pleas were drowned out by the workers” of Congress chanting “Rahul Gandhi Zindabad”.

The plea claims that even after she was pushed, no one stopped to help her. “Respondent No.4 (Rahul Gandhi) did not even bother, and no one, neither he nor any of the leaders, workers or security personnel accompanying him, stopped to help her or to ask whether she was hurt. With blood coming out of her hands, the Applicant managed to reach a side pavement, where she sat pleading for help for almost 40 minutes.”

The applicant highlights that after the incident, Congress and its leaders “set out to discredit” her and publicly dismissed her account as “political propaganda”.

“The Applicant was not protesting, she was doing her job”, she says. Calling the post-incident actions a form of “secondary victimization”, she questions the attempts to blame her for her own “assault”. It is averred that the respondents' actions have compounded her humiliation and trauma and exposed her to abuse on social media.

The applicant also claims that she had made a complaint to the Deputy Commissioner of Police, New Delhi seeking an FIR against Rahul Gandhi and others under Sections 74, 115(2), 125 and 131 read with Section 3(5) of BNS. But till date, no FIR has been registered.

The application has been filed in a pending petition instituted by 4 advocates for directions against political demonstrations within court premises.

Earlier, Senior Advocate Gaurav Bhatia mentioned the matter before a bench comprising CJI Kant. The bench indicated that it would not take suo motu cognisance merely on the basis of an oral submission and asked that a formal application be filed. "Not taking suo motu of an oral submission. File petition, will like to examine," the CJI said. On October 16, the bench agreed to hear the application and indicated that it would be taken up after the Court reopened following the Dussehra break.

The specific reliefs sought are as follows –

- take cognizance of the incident and initiate appropriate action;

- direct immediate registration of FIR based on complaint dated October 17 against Rahul Gandhi and all others involved in the “assault”, with a direction that the status report be filed before Supreme Court;

- direct preservation of CCTV footage, access-control logs, entry passes, and visitor records of the court for October 12, alongwith video-recordings of the incident (made by the applicant's cameraperson and other media persons);

- direct the Union, Rahul Gandhi and Congress to pay the applicant such compensation, including interim compensation, as the Court may deem fit, for the physical injury and mental trauma suffered by her;

- direct Rahul Gandhi and Congress to tender unconditional apology to the applicant;

- direct the Delhi Police Commissioner to ensure safety of the applicant and her family, and to take action against any person who threatens or intimidates her, and restrain publication of her medical records and personal details;

- initiation of contempt proceedings against Rahul Gandhi and any other person found responsible for the “assault” within the Court premises, or such action as the court may deem fit.