The Delhi High Court on Tuesday said that there will be no stay on the investigation in the FIR lodged by Delhi Police's ACP Vivek Bhagat under the SC/ST Act against a woman journalist who accused him of sexual harassment during CEC protest.

Justice Mini Pushkarna issued notice on the pleas filed by the woman journalist as well as another male journalist- owner of the organization “Digi News.”

“I will simply issue notice. I will hear it on merits once [police] reply is there. Investigation will continue,” the Court said while listing the matter for final hearing on November 17.

The Court clarified that it is not passing any reasoned order for now rejecting the prayer for stay and will consider the prayer finally on the next date of hearing.

The journalist has been booked on allegations that she and her colleagues subjected Bhagat to “public humiliation and casteist slurs” while he was discharging his duty during the protest against CEC Gyanesh Kumar.

For context, the female journalist had filed a complaint accusing Bhagat of sexual harassment during the protest. However, no FIR has been registered yet on her complaint.

Senior Advocate Tanvir Ahmed Mir appearing for the journalists submitted that the woman journalist belongs to the Lyngdoh community of Nagaland, which is an ST community of Khasi tribe.

Narrating facts to the Court, Mir said both the journalists were covering the protests when the female journalist was allegedly and intentionally groped by Bhagat after which she lodged a complaint at parliament street police station on October 03.

Petitioner is belonging to ky gdoh commi nagaland. st community of khasi tribe

As Mir prayed for interim stay on the investigation, he said that the SC/ST Act case is nothing but a retaliated and revengeful action.

“You wait from October 03 to October 13, which is over 260 hours, then you lodge this FIR. The occurrence is of October 03. The time of receiving the information is 22 hours. And time of lodging of FIR is 22:26 hours. The moment on October 13 the ACP Vivek Bhagat gives complaint, within 26 minutes FIR is lodged,” he said.

Mir also referred to the order of the Supreme Court granting interim protection to the woman journalist against any coercive action against her. He also prayed that similar protection be granted to the male journalist. He also prayed that a strong order be passed on the interim stay prayer.

However, the Court issued notice on both petitions, observing that the matter requires consideration.

“Let status report or reply be filed by the respondents before the next date of hearing [November 17]. Both the parties are at liberty to file written submissions along with the judgments they wish to rely upon. List for final hearing,” the Court said.

The FIR booked the journalist and two others under Sections 221 (obstructing public servant), 356(2) (defamation), and 3(5) (joint liability) of the Bharatiya Nyaya Sanhita (BNS), alongside provisions under the SC/ST (Prevention of Atrocities) Act.

The controversy dates to October 03, when the female journalist alleged that she was taking videos of the detention of an activist at the protest when Bhagat allegedly touched her inappropriately and pushed her.