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CEC protests: Delhi court seeks police report on journalist's plea for sexual assault FIR against ACP

The Court also ordered the preservation of CCTV and bodycam footage.

Prashant Jha

A Delhi court on Tuesday sought a report from the Delhi Police on a plea filed by independent journalist Rosy seeking registration of a first information report (FIR) against Delhi Police officer Vivek Bhagat for allegedly sexually assaulting her during the protest against Chief Election Commissioner (CEC) Gyanesh Kumar.

Rosy approached the Court stating that the Delhi Police failed to register the FIR in the case even a month after she made the complaint. 

Judicial Magistrate First Class (JMFC) Kautuk Bhardwaj directed the police to file a “point-wise” action taken report stating whether Rosy filed any complaint and whether any action has been taken on it. 

The Court has also asked the police to state whether, because of investigation/ inquiry, any cognisable offence has been made out against ACP Vivek Bhagat and if an offence is made out, whether any FIR has been registered and the status of the investigation. 

Notably, the Court has also directed the Police to preserve CCTV and bodycam footage. 

“In light of the submission and considering the urgency, SHO concerned shall ensure that all necessary steps are taken within 03 days from the receipt of this order, regarding the preservation of CCTV footage pertaining to the place of incident as well as any other digital evidence including body camera footage. The compliance report qua preservation of footage shall be filed within a week,” the Court said in its order. 

The case will be heard next on December 1. 

Rosy has accused ACP Bhagat of sexually assaulting and manhandling her while she was covering a protest against Kumar near Jantar Mantar on October 3.

She alleged that Bhagat touched her inappropriately and pushed her when she questioned the absence of women police personnel during the detention of protesters.

Rosy lodged a complaint at Parliament Street police station the same evening, which was subsequently transferred to the Delhi Police Crime Branch for investigation.

Notably, Bhagat also complained against the journalist, after which Delhi Police filed an FIR against her under the provisions of the SC/ST Act.

The Supreme Court restrained the police from taking coercive action against the journalist. Later, Rosy moved the Delhi High Court challenging the FIR and sought a stay on the investigation. However, the High Court refused to stay the probe.

Rosy was represented by advocates Saimon Farooqui and Ayan Siddiqui.

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