Delhi court stays order for FIR against Abhijit Iyer-Mitra over posts on Newslaundry journalists

A Delhi court on Tuesday stayed a magistrate court's order directing registration of a first information report (FIR) against Abhijit Iyer-Mitra for objectionable social media posts against Newslaundry's Manisha Pande and other journalists.

Additional Sessions Judge (ASJ) Purshotam Pathak of Saket court observed that the words used by Iyer-Mitra were in the form of shayari but no individual was specifically named in it.

"The meticulous interpretation of the words and sentences used can only be done after hearing both the parties on merits on the revision petition. Even otherwise, no prejudice shall be caused to the respondent/complainant, in case, the operation of the impugned order is stayed till final disposal of the revision petition on merits," the sessions judge said.

The Court also noted that the action taken report filed by the Delhi Police claims to have supported the version of Iyer-Mitra but is also inconclusive.

"The assistance of the police officials is also required to ascertain the mens-rea or motive, which could only be determined after taking on record respective replies of both the parties in revision and hearing arguments thereon," the Court added.

Therefore, it stayed the order of the magistrate court.

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 22 ordered the registration of FIR and 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.

Pande and others challenged the order before the High Court, which set aside the Sessions Court order, noting that it was bereft of any reasons. The matter was remanded back to the sessions judge while asking him to pass a fresh, reasoned order.

The sessions judge then passed a fresh order today furnishing reasons.

Senior Advocate Percival Billimoria along with advocates Jasmine Damkewala, Rachita Sood and Priyamvada Paneru represented Abhijit Iyer-Mitra.

Senior Advocate Nandita Rao along with advocates Bani Dikshit, Uddhav Khanna and Dhruva Vig represented Newslaundry journalists.

Additional Public Prosecutor Arun Kumar Singh appeared for the State.

[Read Order]