The Delhi High Court on Wednesday set aside the sessions court order which had stayed the criminal case against Abhijit Iyer-Mitra for objectionable tweets against Newslaundry's Manisha Pande and other journalists.
Justice Girish Kathpalia noted that the sessions court order passed was without giving any reasons and hence, remanded the matter back to the sessions judge while asking him to pass a fresh, reasoned order.
"This kind of stay does not convince. I will remand it back to the Sessions Court to pass a detailed order. You [Iyer-Mitra's lawyers] know arguments were heard. She [Pande and others' counsel] knows arguments were heard. I do not know. I want to understand what went in his [Sessions Judge's] mind to stay the order. I will send it back to pass a reasoned order," the High Court said.
The High Court asked the journalists and Iyer-Mitra to appear before the sessions court on May 22.
It also directed the sessions court to decide the case within four weeks.
Justice Kathpalia clarified that no arguments were addressed on merits and that Pande's challenge to the Sessions Court's order was being disposed of by the consent of both sides.
Manisha Pande and six other journalists had approached the magistrate court stating that Iyer-Mitra referred to them as prostitutes repeatedly in a series of posts and articles on the social media platform X (Twitter).
They argued that in several tweets, Iyer-Mitra wrote that “door gaon mein Newslaundry naam ki basti thi jahan r****** sasti thi". In another tweet, he made objectionable remarks about Pande.
The magistrate court on April 23 said that Iyer-Mitra made sexually coloured remarks against Pande and other journalists and the same were prima facie intended to insult Pande and she was also expressly named in the post.
Hence, it ordered registration of a case against Mitra for offences under Sections 75 (sexual harassment) and 79 (word, gesture or act intended to insult the modesty of a woman) of the Bharatiya Nyaya Sanhita.
However, the order was stayed by Additional Sessions Judge (ASJ) Purushottam Pathak of the Saket Court on May 4 after Iyer-Mitra filed a revision petition.
The journalists then approached the Delhi High Court.
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